I have archived the December 2017 Water Level Chart (at left) bringing us to the end of another year of sub-par water levels. The most notable feature of the December chart is how little the lake level changed over the course of the month despite below average precipitation for the month; the lake level started out the month at -43.32″ below the normal high water mark and ended the month just a hair more than 1″ higher at -42.24″ all in all pretty much flat for the whole month. We only received 2.16″ of precipitation, a good inch less than average. We ended the year at 37.60″ of precipitation, almost 4.5″ less than average. We’ve already got a pretty good snow pack started so I expect ground water supplies will be well replenished come spring. Continue reading
Yearly Archives: 2017
Season’s Greetings from the Clary Lake Association
15 December 2017: Clary Lake Freezes Over
Clary Lake was fully frozen over on the morning of Friday, December 15th. The sunrise picture at left is from Clary Cam 2, over at David Hodsdon’s place. As dates go, you can see from the Ice-In and Ice-Out Dates web page that this year it’s about average. As ice goes, it’s pretty good ice!
14 December 2017: Oops! That Goose is a Swan! [UPDATED]
Woah. Epic fail on my part: that so-called “domestic goose” I posted about last week appears based on photographs David Hodsdon sent me today to be a Trumpeter or perhaps a Tundra Swan (though still awaiting definitive determination by experts). In my own defense, all I had to work with were a couple of pictures that I took at long-distance showing the back of the Swan. I didn’t get a good side or front view. There are only 3 species of Swan in North America (Trumpeter, Tundra, and Mute) and Maine is not known to be within the range of any of them. Frankly it looks to me like a Trumpeter Swan, but IF&W Wildlife Biologist Keel Kemper took one look at the above picture and believes it is a Tundra Swan, rarely if ever seen in Maine.
I’ve got some Maine birders looking into this and will post an update when available.
[UPDATE]: The expert birders have reached a consensus: Tundra Swan. According to this Cornell University site, these birds spend their summers mating along the northernmost fringes the Arctic Tundra of Canada and Alaska and only migrate south into the United States Maine in Winter. Maine is not generally considered part of the Tundra Swan’s migratory range. How exciting to have spotted this bird on Clary Lake!
05 December 2017: Anyone Missing a Goose?
There’s been a white domestic goose hanging out on Clary Lake with some Canada Geese this fall. For a domestic goose it was quite shy, it wouldn’t face me at all but started swimming away from me as soon as it saw me whereas the Canada Geese were totally unconcerned. This picture (and one other in the Fall 2017 gallery) was taken a couple of weeks ago, but David Knight told me earlier today that he saw it earlier today down at his end of the lake, again, hanging out with a flock of Canada Geese. In any case, I doubt it can fly so when the lake finally freezes over, it will either get frozen in the ice or make it to shore where it becomes easy prey for a fox or raccoon. I know the folks that bought the old MacDonald place have some geese, it may be one of theirs. I’ve emailed them to see if they’re missing a goose…
Speaking of pictures, I’ve been rather uncharacteristically busy this fall and have a pile of pictures to process and post including some of damage from last month’s wind storm. I’ll get around to it when winter settles in and I have more time. If you have any pictures of downed trees and property damage from that storm, send them to me and eventually I’ll find the time to post them.
05 December 2017: Medius L3C has been Administratively Dissolved
From the For What It’s Worth department: Medius L3C, the low-profit, limited liability company named after your middle finger which currently owns the mortgage on the Clary Lake dam is in administrative dissolution for failure to file it’s 2017 Annual Report. All Maine corporations are required to file annual reports by June 1st every year, in order to maintain their good standing. According to documents available on the Maine Secretary of State’s website, the company was notified of its failure to file its annual report by letter dated June 23rd. The corporation was administratively dissolved on August 28th as per letter from the Secretary of State. A company that has been administratively dissolved continues its corporate existence but may not transact any business in this State except as necessary to wind up and liquidate its business and affairs. Corporations that have been administratively dissolved can reinstate their companies by late-filing the annual report along with the $85 filing fee and a $150 reinstatement fee. Corporations can exist in this administrative limbo for up to 6 years. Continue reading
Maine VLMP Fall 2017 Newsletter Now Available
The Fall 2017 Water Column, the newsletter the Maine Volunteer Lake Monitor Program, is now available on the VLMP website. The Clary Lake Association is a long-time member and active supporter of the Maine VLMP, and three of our members, (myself, Jack Holland, and David Hodsdon) are VLMP Certified Water Quality Monitors.
05 December 2017: Aquafortis Associates Replies to State’s Brief
On Monday December 4th, counsel for Aquafortis Associates LLC [AQF] filed their reply to the State’s brief which the State filed with the Court on November 15th. This latest filing brings the briefing schedule of the Clary Lake Water Level Order [WLO] appeal to a close. Next up, the Court will schedule a hearing so the parties can present their oral arguments. I expect this will be sometime early in the new year.
This final reply brief (only 11 pages) addresses the arguments presented by the State in support of the WLO and the procedures DEP used to establish it, and reiterates AQF’s arguments against the WLO that were put forth in their original brief. I consider most of AQF’s arguments to be categorically specious i.e., superficially plausible, but actually wrong. For example, AQF argues that 38 M.R.S.A. § 841(1) implies that DEP can’t issue a WLO on a breached dam (see page 4). Nice try. First, the statute says nothing of the kind and second, DEP doesn’t believe the Clary Lake dam is breached and neither do I, and for that matter, neither does MEMA. Nonetheless this doesn’t stop AQF from making that claim. They also continue to demonstrate their lack of understanding of the difference between a water level and a water elevation by arguing that the DEP didn’t establish a water level based on evidence solicited at the Public Hearing.
Here’s the brief:
Stay tuned. I’ll post the court schedule as soon as I get it.
Everything you ever wanted to know about Sea Lamprey!
Unfortunately I have another engagement Monday night or I’d be going to this presentation. It sounds fascinating:
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Come learn about Sea Lamprey
with expert Lee Margolin
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Sea Lamprey expert Lee Margolin will be presenting about Sea Lamprey and taking questions at a public meeting on Monday, December 4 from 6-8pm at the Sheepscot Lake Fish & Game Club in Palermo. This is the first of what will be several opportunities to learn about Maine’s native sea-run fish species.
Lee has a PhD in Biology with research focused specifically on Sea Lamprey and over 25 years of experience with the species. Anyone curious to learn more about Sea Lamprey or their impact on other fish species and ecosystems is encouraged to attend.
The Fish & Game Club is located at 19 Leeman Arm Rd, Palermo, just off of Route 3 next to the boat launch. Please direct any questions to Garrison Beck, Midcoast Conservancy Director of Water Conservation, 207-389-5157 or garrison@midcoastconservancy.
We hope to see you there!
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November 2017 Water Level Chart Archived
November 2017
I have archived the November 2017 Water Level Chart (at left). The most notable feature of the November chart is… nothing 🙂 There is nothing particularly notable, or remarkable, about November’s water level chart. The lake level managed to rise 3.24″ over the month, ending marginally higher than it started.
Rainfall in November was well below normal but still enough, with a fully-recharged water table, to keep the lake level rising marginally. We received only 2.85″ of rain, 1.52″ less than average for November. This brings us to 35.44″ for the year which is still 3.23″ below normal for this date despite the almost 9″ of rain we received in the end of October.
Happy Thanksgiving from the Clary Lake Association
On behalf of the Clary Lake Association Board I’d like to wish you all a very Happy Thanksgiving. Enjoy family and friends, don’t overeat, don’t drink and drive, and most important, DON’T TALK POLITICS 🙂
20 November 2017: Thoughts On The Recently Filed State’s Response Brief
Last Wednesday afternoon Assistant Attorney General Scott Boak filed the Department of Environmental Protection’s brief in response to Aquafortis Associates LLC’s brief appealing the Clary Lake Water Level Order [WLO]. AquaFortis Associates LLC [AQF] filed their brief back on October 6th. Since posting the State’s brief last week, quite a few people have viewed and/or downloaded it. I’ve read through the brief twice now, the first time quickly to get a feel for it, and then again more carefully, taking the time to read the foot notes, review unfamiliar citations and check the exhibits, most of which I was already familiar with. For me, it was a trip down memory lane and I found it to be clear, well-written, and easy to follow certainly not what I’d call “hard reading” by any means. Your mileage may vary, but a number of people have commented to me that they found the brief easy to follow and helpful in understanding everything that has gone on over the last 6 years since the Clary Lake water level petition was filed in early January 2012. I believe Assistant Attorney General Scott Boak did an outstanding job of defending the WLO, clearly demonstrating a solid grasp of ALL ASPECTS of this very complicated case. I look forward to the hearing when both sides of the case get to present their arguments which I expect to take place early next year. Continue reading
16 November 2017: State Files Response Brief in Superior Court
Yesterday afternoon, as expected, Assistant Attorney General Scott Boak hand-delivered DEP’s Reply brief to Superior Court, thereby responding to the Rule 80c Brief filed by Aquafortis Associates LLC [AQF] on October 1oth. This much-anticipated brief (40 pages plus 36 pages of supporting documents) represents the State’s one opportunity to present written arguments to the Court supporting the Clary Lake Water Level Order and Attorney Boak has done an outstanding job of making the State’s case. If you’ve been following the Clary Lake water level saga at all closely, you’re really going to enjoy reading it. For me, it was a trip down memory lane. Granted, parts of it are a little difficult to get through but for the most part I found the brief easy to read, absolutely fascinating, and a joy to read:
As with the Rule 80C Brief filed by AQF, the State’s Brief includes numerous references to documents in the State’s Administrative Record (numbered 1 through 264). If you want to track down any given AR document to see what it says, you’ll find it in the following directory which includes an index file 000-Index.pdf so you can tell what’s what.
Next up: According to the Court’s briefing schedule, AQF will need to file their reply brief by December 4th. The Judge will then schedule a hearing for the parties to present their arguments, probably sometime after the first of the year.
Stay Tuned.
13 November 2017: DEP Responds to Clary Lake Association Petition
Back on August 21st we filed a petition with DEP requesting they take enforcement action on the Clary Lake Water Level Order [WLO]. We finally received a response from DEP Commissioner Paul Mercer by way of a letter from him dated October 17, 2017. The Commissioner said that the Department had previously attempted to address violations of the Clary Lake water level order through the negotiation of a consent agreement but was unable to reach agreement with the owner of the dam. The Department now awaits the decision of the Court. While the Department response did not come as a huge surprise, we are nonetheless disappointed that they have chosen not to take further action at this time.
Here’s the letter:
My apologies for not posting this sooner. Life happened.
10 November 2017: Foreclosure Papers filed on Kelley’s Camden Home
If Kelley’s filing for personal bankruptcy protection came as a surprise the other day, I was shocked to discover during a routine check of the Knox County Registry of Deeds that his home is in the process of being foreclosed: ARVEST Central Mortgage Company of Arkansas, the current owner of the mortgage on Paul Kelley’s home at 171 Molyneaux Road in Camden, has initiated foreclosure proceedings in Knox County District Court. The company filed their original Complaint for Foreclosure with the Court back in August and an amended Complaint on September 25th, and recorded a notice in the Knox County Registry of Deeds on November 2nd, just one day after Kelley filed for chapter 7 bankruptcy:
I’m somewhat at a loss as to what to say about this latest development. Granted, he hasn’t lost his house yet, but by the time it reaches this stage of the game, foreclosure is almost guaranteed. I have always only wanted Kelley to fix the dam and comply with the Clary Lake Water Level Order, or transfer the dam to the Clary Lake Association and let us take care of it. Whatever. I didn’t expect Paul Kelley to lose his house in the process and while I am sorry it has come to this, I guess I’m not surprised, and I’m not going to lose any sleep over it: he has brought this on himself. His relentless, single-minded pursuit of a spiteful, futile vendetta against Clary Lake has only succeeded in creating a shambles of his life. Somehow I don’t think Paul Kelley expected things to turn out this way; the only thing that surprises me is how he ever thought it could turn out any other way.
Stay tuned.
07 November 2017: Paul A. Kelley Jr. Files for Chapter 7 Bankruptcy
Paul A. Kelley Jr., principal of the now-defunct Pleasant Pond Mill LLC and presumed owner of the Clary Lake dam has filed for Chapter 7 Bankruptcy. This bankruptcy filing is not to be confused with the Pleasant Pond Mill LLC chapter 7 bankruptcy filing last spring. Now Kelley is filing for personal bankruptcy and as such, it’s a real eye-opener: it lists total assets of $283,953.00 (most of which is his house and property in Camden) vs. total secured and unsecured liabilities of $2,097,379.00 (that’s two million, ninety seven thousand, three hundred and seventy nine dollars) of debt including $494,186.00 of money owed to Preti Flaherty which is separate from the $335,000.00 that PPM owes to Preti Flaherty. This brings total legal fees for Kelley and PPM to $829,176.00. Woof.
Things are pretty bleak on the income side of things too with Mr. Kelley (who claims his job is landlord) claiming a monthly income of only $1500 to cover $3,731.00 of monthly expenses. Oh my. He lists 18 creditors (people/entities he owes money to) including DEP, Arthur Enos, Equinox Collection Services, Ford Motor Credit, Medius L3C, and Richard L. Smith. Without further adieu:
The first Meeting of Creditors is going to be November 28, 2017 at 10:00 AM at the Augusta Armory. The bankruptcy trustee is Jeffrey T. Piampiano.
Stay tuned 🙂
03 November 2017: Anyone Lose A Canoe?
Lost canoe, washed up on David Hodsdon’s shoreline.
David Hodsdon emailed me a photograph of a canoe this morning that washed up on his shoreline. The lake has risen about 15″ as a result of heavy rains and this canoe floated off. If it’s your boat, come get it.
There was considerable damage to several properties around the lake as a result of the intense wind storm that blew through early last Monday morning. Of particular note, Gordon Frizzell’s house was virtually cut in half by a large pine tree that landed on it’s roof. I’ll post photographs when I get a chance.
October 2017 Water Level Chart Archived
I have archived the October 2017 Water Level Chart (at left). The most notable feature of the October chart is how flat the lake level was and how little it rose despite heavy rains at the end of the month. We received almost 9″ of rain in the last week of October. Despite the rain, we’re still several inches short for the year. I’m at the Sheepscot General, we’re currently without power and internet so I’m going to cut this post short.
27 October 2017: Much Needed Rain Has Little Effect On Clary Lake Water Level
We just received 5.15″ of rain in a little over 2 days which, had we not been suffering under drought conditions, would have brought the lake up close to two feet or more. However because so much of the rainfall ended up soaking into the ground and not running off into the lake, the water level has only come up 7.44″ yielding a pathetic runoff multiplier of about 1.4X. Now that the ground is pretty much saturated, we should get more bang for the buck from the next rain storm due in this coming Sunday and Monday.
21 October 2017: Update on Clary Lake Water Level Order Appeal
Back on October 10th I posted Aquafortis Associates LLC’s [AQF] Rule 80C Brief and at the time I said I hadn’t read it but that I would shortly and would post my thoughts “at a later date.” I know some of you have been waiting for me to do just that. Well it’s a later date, I have read it, several times even, but have decided I will keep my thoughts on the brief to myself for now except to state that I think the arguments put forth in it are specious and without merit. I’d also suggest that apparently neither AQF nor their counsel has any idea what a bathymetric survey is or what it’s used for, and they seem equally confused over the difference between a water level and a water elevation. I don’t know whether this confusion is real or contrived, but I’m sure the State’s brief will clear it up.
The State’s response brief is due November 15th. I’ll post it as soon as I get a copy.