Author Archives: George Fergusson

23 June 2014: DEP Responds to Paul Kelley’s Water Level Survey

“Unacceptable at this time” is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Survey that he submitted to the Department in response to Special Condition #4 of the Clary Lake Water Level Order. If you’re having a sense of deja vu all over again it’s because this this is the exact same phrase the Department used to describe his Water Level Management Plan in a letter sent to him back on June 2nd (see the news article here). Mr. Kelley certainly isn’t scoring very high marks with the Department over his attempts to comply with the Water Level Order… it’s almost like he isn’t even trying:

Special Condition #4, Clary Lake Survey, DEFICIENCY

The letter gives Mr. Kelley until July 21st to submit a survey along with a Condition Compliance Application and a $146 application fee. Mr. Kelley is not considered in violation of the Order at this time, but don’t worry: that will change soon enough.

Continue reading →

16 June 2014: PPM’s meeting with the Army Corps of Engineers canceled

Jay Clement of the Army Corps of Engineers has (wisely) cancelled tomorrow’s inter-agency, pre-application meeting with Pleasant Pond Mill LLC because he believes it is “premature” and a “non-starter” given that Mr. Kelley has so many “unresolved issues” with the DEP, not the least of which is pending litigation. This meeting was to be attended by agency representatives from the Army Corps of Engineers (USACE), the Department of Environmental Protection (DEP), the Maine Emergency Management Agency (MEMA), the Federal Emergency Management Agency (FEMA), the Maine Historic Preservation Commission (MHPC), the Department of Marine Resources (DMR), the U.S. Fish & Wildlife Service (FWS), the National Oceanographic and Atmospheric Adminitration (NOAA), the Department of Agriculture, Conservation, and Forestry (DACF), the National Marine Fisheries Service (NMFS). Also planning to attend were Whitefield Select Board members Tony Marple and Sue McKeen and Assistant Attorney General Thom Harnett. That the meeting was cancelled does not surprise me. What surprises me is that they waited until the last minute to do it 🙂 I can’t imagine a more egregious waste of time, money, and resources than to have all these knowledgeable and important people sit in a room listening to Paul Kelley complain about how the DEP has done him wrong. Clearly, Paul Kelley isn’t going to get any help from the Army Corps of Engineers: Continue reading →

06 June 2014: DEP issues FINAL Branch Pond Water Level Order

The Department of Environmental Protection has issued the FINAL Branch Pond Water Level Order, effective today June 6, 2014. The Branch Pond water level petition was filed on December 9, 2008 but was put on hold by the Department for 3 years to give the dam owners time to effect repairs to the dam. Repairs to the dam were not made however, and processing of the petition resumed in December 2011. I have been following the proceedings since the summer of 2012, and I attended their Public Hearing in August 2013 and we’ve been hosting a few pages for the Branch Pond Association on our site for some time now. It is interesting to note that this Order was signed by Commissioner Patricia Aho herself:

branch_pondBranch Pond is a beautiful little pond located in the towns of China and Palermo, at the headwaters of the Western Branch of the Sheepscot River. It is well worth a visit. It’s smaller than Clary Lake but it has numerous islands and large relatively shallow water areas. I’ve been up there a couple of times and but I Branch Pond, Midas #5754haven’t been out on the pond. Yet. I plan to head up there with my kayak later this summer. With my fishing pole. Check out these photographs of Branch Pond. Those showing the impact of low water were part of the Branch Pond Water Level Petition.

04 June 2014: Clary Lake WebCam offline until further notice

I (finally!) upgraded to a new computer running Windows 7 only to discover that the driver for my old Logitech “eyeball” webcam will only work under Windows XP. I tried to run it in Windows XP compatibility mode, to no avail. So I guess until I get a new camera, the Clary Lake WebCam will be offline. It wasn’t the greatest setup anyways, the view of the lake out my office window is largely obscured by trees. Still, it was a pretty popular page, and it was fun to run. Here’s the last picture that was uploaded to the site before I shut down my old system this afternoon:

So for now I’ve taken down the page, and removed the link to it. What I’d like to get is a wireless outdoor camera that I can mount on the deck railing, or perhaps on a tree down by the shore. However that’s not in the budget at this time.

03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan

“Unacceptable at this time.” That is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Management Plan in a letter to him dated June 2nd. The plan, one of the requirements in the Clary Lake Water Level Order, was submitted back on May 2nd. The letter goes on to list the plan’s deficiencies and the steps Mr. Kelley needs to take to remedy those deficiencies. It also informed him of the need for a Condition Compliance Application along with a $146 application fee. The letter gives Mr. Kelley exactly 1 month (until July 2nd) to resubmit his corrected/revised Water Level Management Plan along with his application and application fee. Mr. Kelley is not considered in violation of the Order at this time.

Continue reading →

03 June 2014: Pleasant Pond Mill LLC submits their response to second WLO requirement

The second requirement of the Clary Lake Water Level Order is that the dam owner hire a Professional Land Surveyor to determine the “Historical Normal High Water Line of Clary Lake” and submit the results of that survey to the Department no later than the end of business, June 2nd. Just a bit ago I obtained a copy of what Mr. Kelley submitted yesterday afternoon and about all I can say is that he met the deadline to submit something. As for what he submitted, well not so much. He didn’t even pretend to try and comply with the WLO requirement. DEP must be getting really tired of this:

I’ll have some comments later.

02 June 2014: Normal Water Line Survey Due Today

The second deadline contained in the Clary Lake Water Level Order has arrived. Mr. Kelley is supposed to have retained the services of a Professional Land Surveyor to establish the “Historical Normal High Water Line” of Clary Lake and show that elevation on the Clary Lake Dam. Here’s the requirement from the Order:

4. The owner of the darn shall retain the services of a professional, licensed land surveyor to determine the historical normal high water line of Clary Lake. This line shall be surveyed and determined by using a baseline point such as visible Water stain markings, the MDIFW Route 215 boat launch, the Duncan Road boat launch, or the upstream face of the dam. Other points may be found in 38 M.R.S. § 480-B (6) which defines the normal high water line for waterbodies. A stamped, surveyed plan denoting a clearly defined normal high water line of the lake; a stamped, surveyed plan denoting the location of the normal high water line on the dam; and a narrative consisting of the methodology and equipment used for those determinations must be submitted to the Department for review and approval no later than June 2, 2014. If the owner of the dam is unable to reasonably retain a licensed land surveyor to determine the historical normal high water line, the owner of the dam may request the assistance of the Department in establishing this line no later than May l, 2014. The Department Will consider any such Written request when and if a request is submitted by the owner’ of the dam, but only after the owner of the dam has demonstrated that it has exhausted efforts to retain the needed licensed land surveyor.

I’m not aware of Mr. Kelley having asked the Department for assistance with this survey requirement, nor am I aware of any actual surveying work having taken place though I could be mistaken. It will be interesting to see just what Mr. Kelley submits. I’ll post more information when I have it. Stay tuned!

May 2014 Water Level Chart archived

4 waterlevelchart_May2014

I’ve archived the May 2014 water level chart. We started the month about -29″ below the top of the dam and ended the month at a little over 42″ below the top of the dam, this despite the dam’s gate being wide open for the entire month. All told we received 3.92″ of rain in May, which is about average. This rainfall offset the falling lake level to the tune of about 15″.

There is a pair of loons on the lake this year, and May is the month when they would normally start nesting. It appears however that the lake level has been too variable this spring for them to even consider building a nest, at least I haven’t seen them nesting. Better luck next year.

SVCA sponsoring the Coopers Mills Migratory Fish Day, June 1st

Coopers Mills Migratory Fish Day

Time: Sunday, June 1, 10:00 a.m. – 12:00 p.m.

Place: Whitefield Lions Club, Coopers Mills

The Sheepscot Valley Conservation Association invites residents of Whitefield to see and learn about the migratory fish that call the Sheepscot River home. Department of Marine Resources fisheries biologists will talk about our migratory fish, their life history, ecology, and how these species benefit people and the river.

Join us for a conversation at the river’s edge followed by a presentation by DMR fisheries biologist Claire Enterline at the Whitefield Lions Club, 52 Maine Street, Coopers Mills.

*Arrive and park at the Lions Club Den (red schoolhouse next to the Sheepscot Valley Health Center) and we will take a 10 minute walk down the hill for a riverside conversation; returning at 11:00 for the presentation.

27 May 2014: Maine Lakes Society Annual Meeting this July 28th

The Maine Lakes Society (formerly the Congress of Lake Associations or COLA) is holding their annual membership meeting this coming June 28th at Colby College in Waterville. For years Ed Grant attended the Annual COLA meetings on behalf of the Clary Lake Association. I represented the Association at last year’s meeting and I had a blast, I’m planning on attending this year too. If anyone would like to ride along, let me know. The cost is $20 per person. The cutoff for online registration is June 25th. Here’s a link to the Meeting Agenda. Here’s the newsletter/announcement they sent around today:

May 27, 2014

SHAPING THE FUTURE
TOGETHER ON JUNE 28
AT THE CONFERENCE

From hard fought milfoil battles and legislative victories

to a ground-breaking partnership for watershed protection, this day full of Success Stories will inform, inspire, and point us all toward a new Vision for Maine Lakes and Watersheds.  Let’s set the Agenda together.

 

Registration is a snap online!   Visit our website   

MAINE LAKES ARE BIG WINNERS
IN THE DANCE OF LEGISLATION
 
Thanks to your help and that of environmental activists and legislators who understand the fragility of Maine lakes, new legislation to support the removal of invasive aquatic plants, to fund LakeSmart, stormwater management projects, land conservation, and analysis of water quality data is now law. 
 
Getting there was half the fun.  Come hear about ‘The Dance of Legislation’ from those who pulled off the best year, ever, for Maine lakes..  

3RD ANNUAL MAINE LAKES RAFFLE

OFFERS HELP FOR BLACKFLY SEASON 
AND DINNER ON THE DECK – –
and much, much more!
 
They may be the best thing since sliced bread!  Portable, pocket-sized and eco-friendly , the Thermacell Mosquito Repellent will banish bugs from patio, picnic spot, or garden (225 square foot range).  Our Raffle has 12 of these handy gadgets on offer, and they are only one of a host of tantalizing prizes. 
 
Tickets on sale at the Conference or from a Maine Lakes Society Board Member!

16 May 2014: Pleasant Pond Mill LLC contemplating an Army Corps of Engineers NRPA Permit

According to information recently obtained from the Town of Whitefield, Pleasant Pond Mill LLC has requested an inter-agency, pre-application meeting with the Army Corps of Engineers and representatives of other State and Federal Agencies to discuss permitting issues surrounding the repair and/or ​replacement of the Clary Lake dam. A pre-application meeting is standard operating procedure when contemplating a project requiring an NRPA (National Resource Protection Act) permit. Mr. Kelley must be contemplating a major dam reconstruction project involving significant alteration of lots of fresh water wetlands and possible damage to the downstream ecology to require pursuing an NRPA tier 1, 2, or 3 permit, especially considering that back in 2011 he felt (and DEP agreed) that the repairs he contemplated required a simple Permit By Rule approach. What has changed?

I understand that this inter-agency pre-application meeting is tentatively scheduled for the 17th of June. This date incidentally is 2 weeks past the next upcoming Water Level Order deadline of June 2nd when Mr. Kelley is supposed to have submitted a survey of the historical normal high water line of Clary lake, and not quite one and a half months before the August 1st deadline by which time Mr. Kelley is to have completed dam repairs and installed a water level gauge. It’s going to be a busy summer for him!

Continue reading →

12 May 2014: Date set for 2014 Annual Clary Lake Association meeting

The Clary Lake Association Board met yesterday afternoon at the home of George and Margaret Fergusson to discuss, among other things, the upcoming Annual meeting. This year’s annual Clary Lake Association meeting will be Saturday August 2nd at 2:00 PM at the home of Ellis Percy and Joann Tribby. They live in the last house at end of the Madden Road in Jefferson. The rain date will be the next day, same time same place. The big item to be voted on at this year’s meeting will be the revised bylaws. You may recall that a Bylaws Committee was formed at last year’s meeting and charged with the responsibility of reviewing and revising the Association bylaws. The last time the bylaws were revised was in 2001 so they’re long overdue for an overhaul.

The Bylaws committee members have been busy this past winter making many necessary revisions; the proposed revised bylaws will be sent out to the membership for review (along with a proxy ballot for those members who won’t be able to make it to the meeting to vote) well in advance of the Annual meeting. At this time we’re planning to send them out with the Summer 2014 newsletter on or about the 15th of June. The proposed bylaws will also be posted here, perhaps along with a totally unofficial opinion poll to give people an opportunity to comment on them.

More meeting details, a program, and proposed agenda to follow. This event has been added to the Clary Lake Association Events Calendar. Stay tuned!

09 May 2014 Lincoln County News: Owner Submits Water Level Plan for Clary Lake

There is an article by Dominik Lobkowicz in this week’s Lincoln County News on page 8 about the Water Level Management Plan (WLMP) submitted by Paul Kelley last week. The article does a pretty good job of covering the main issues surrounding the WLMP. According to the article, the Department will “work diligently to complete a thorough review in a timely manner” and that “any deficiencies will be identified and an opportunity provided to correct them.” The article does not appear in the public version of the Lincoln County News Online. I recommend those of you who can, buy a copy of this week’s paper. For those of you who can’t, I scanned a copy of the article:

The article goes on to state that “attempts by PPM to court the Clary Lake Association … failed to yield a secondary designee.” Right. Well I was on the receiving end of Mr. Kelley’s attempts to “court” the Association. If Mr. Kelley really wanted us to assume that role, he sure went about it wrong. All he succeeded in doing was to discourage us from taking on that role. I’ve already posted about how he tried to “court” the towns of Whitefield and Jefferson. They wouldn’t take the job either.

08 May 2014: New Clary Lake Association page on Google+

Hi All! I have created a new Clary Lake Association page on Google+ to replace the original “Community” page. There are several reasons for doing this, the primary one being that I can’t automagically add website posts to the Community page, but I can to the new one. Otherwise, the pages look about the same. Currently website posts here are automatically posted to my personal George Fergusson Google+ page as public posts and to get them posted on the Community page requires I do it manually. Sadly, I don’t have the time or inclination to do that so there hasn’t been much happening there. Incidentally, the posting goes both ways, though not automatically: Google+ posts can be easily embedded on this site. How cool is that?

It might take a few tries to get the automatic posting working. We’ll see. Here’s the link to the new page:

https://plus.google.com/106016569430460657201/posts

Just a reminder, the Association has a Facebook page too. The Association’s Community page is going away soon. If you are among those that have posted stuff on the Community page (you know who you are) please feel free to repost it on the new page. Thanks!

07 May 2014: Two photo additions to Chase Family Archive

chase_archive13I’ve added two new photos to the Chase Family Archive that Tim Chase gave me the other day. They were taken by his father Chester Chase, owner of the Clary Lake dam, during a heavy runoff event in June of 1984. We already had one picture in the archive from of that event but it was undated. These new photographs have the date “June 1984” written on the back in Chester’s characteristic hand writing.

chase_archive14These pictures show a significant runoff event. Checking the Weather Underground archives for 1984, it appears about 7.72″ of rain fell between May 26th and June 2nd that spring, which I reckon would be more than enough rain to account for the flow we’re seeing in these photographs. It is interesting to note that even with the water level this high, it is still over a foot below the official FEMA flood elevation for Clary Lake of 153.6′ which corresponds to the top of the concrete pier on top of the dam. This suggests that even this water level, as high as it was, was not considered a “flood” event in a technical sense.

There are a few other pictures in the Chase Family Archive showing extreme high water including an aerial photograph clearly showing water pouring over the dam and I would imagine that these are all taken about the same time.

06 May 2014: PPM’s Proposed Water Level Management Plan

The first milestone of the Clary Lake Water Level Order was the May 1st submission of a Water Level Management Plan (WLMP). I was originally told by a DEP staff person that the WLMP was not going to be released until it had been “reviewed and approved” by the Department. Apparently I was misinformed as according to Project Manager Beth Callahan who I spoke to earlier today, the document is in deed “public” information. According to Beth Callahan, the Department will review the submission and issue a Procedural Order (of the sort we’re used to seeing) to the Service List with the Department findings. She didn’t have any idea when that was likely to happen.

The document is 13 pages and I’ve only had the time to glance over it. However, from what I’ve read so far, I’m guessing DEP won’t be “approving” it anytime soon. I will refrain from further comment at this time until I have had a chance to read it over more carefully.

Proposed Water Level Management Plan

02 May 2014: About that Water Level Management Plan…

If you’re eagerly awaiting the water level management plan now that the deadline for its submission has passed, you’re not alone! Several people have asked “where’s the plan?” Careful reading of the specification for the Water Level Management Plan in the water level order suggests we should not hold our breath waiting for the plan. From the Order (emphasis added):

5. The owner of the dam shall submit a Water Level Management Plan to the Department for review and approval no later than May 1, 2014.”

So the plan needs to be reviewed by DEP and approved before it is accepted and before we get a copy. No telling how long this could take. Further on it says (emphasis added):

The final Water Level Management Plan shall be made available by the owner of the dam to all littoral and riparian landowners for review upon request. A copy of the final plan shall be distributed to the Town of Jefferson and the town of Whitefield.

So the Towns will only get a copy when it’s been approved and no where does it say Kelley has to actually provide a copy to anyone who asks for it, only that it shall be “made available for review upon request” and at that only to littoral and riparian landowners. It remains to be seen how Mr. Kelley will choose to interpret the above language.

So patience is the word of the day. I’m sure it will be a fine plan, and worth waiting for. When the plan has been approved (we’ll let you know) it will be available at your respective Town offices.

01 May 2014: April Water Level Chart archived

3 waterlevelchart_April2014April brought the highest water levels we’ve seen in 3 years due in large part to melting snow and high runoff as a result of frozen ground though we ended the month with only 2.77″ of rain, well below the average about 4.39″.  The water level started out around -40″ below the top of the dam on the 1st of the month and got as high as -18.6″ below the top of the dam on April 17th. It has been falling since then and ended the month at -29.3″. The dam’s gate has been wide open all month.

The deadline for submitting the Water Level Management Plan called for in the Water Level Order was today. We can only assume Mr. Kelley met the deadline. Stay tuned.