Author Archives: George Fergusson

06 January 2014: Petitioner’s comments and Clary Lake Association comments submitted to DEP

bugsI have submitted comments to the DEP On behalf of the Petitioners on the Draft Clary Lake water level order issued by the Department on December 19th. Originally due on 30 December, the deadline was extended one week to today. I’m still waiting to see what Mr. Kelley will submit. He has until 5 PM to get them in. Ellis Percy also prepared comments which were sent in this afternoon:

Petitioner’s comments on the Draft Clary Lake water level order

Clary Lake Association comments on the Draft Clary Lake water level order

Earlier today Mr. Kelley sent an email to most of the Service List (below). I say most of the Service List because my address was conspicuously absent. It was only because someone forwarded me a copy with comments that I got the message at all. I’m sure it was an oversight: Continue reading →

06 January 2014 Kennebec Journal: Whitefield dam owner denied additional time to comment on lake plan

read_all_about_itThere is a  new article by Paul Koenig in yesterday’s Sunday January 5th Kennebec Journal about Pleasant Pond Mill LLC’s travails in obtaining more time to comment on the Draft water level order.  I was interviewed for the article by Mr. Koenig on Friday. I didn’t get a Sunday paper but a few people who did said they didn’t see it in the paper so it may only have appeared online. In any case, here it is:

Whitefield dam owner denied additional time to comment on lake plan

To refresh everyone’s memory, the Draft Clary Lake water level order was issued on 19 December and provided for an 11 day comment period ending on Monday, 30 December. They extended the comment period 1 week to the end of business today, January 6th. Continue reading →

04 January 2014: Volume 1 Issue 7 of Whitefield Newsletter now available

whitefield_logoThe Town of Whitefield has been publishing a monthly newsletter since last July and they’re quite enjoyable. If you happen by the North Whitefield Superette you’ll find the latest issue on the counter, free of charge. Otherwise they’re available online on the Town of Whitefield website. You can also receive the newsletter by email by signing up at www.townofwhitefield.com/Newsletter.html.

This issue has an article by Tony Marple about the Central Maine Astronomical Society’s Brower Observatory located across the road from my house in my sister’s back yard, at 341 Jefferson Road. The observatory houses a 16″ Newtonian reflector as well as numerous other scopes of all sorts, and an extensive library of books, star charts, and atlases. The Central Maine Astronomical Society’s website is http://maineastro.com/

January 2014 Whitefield News

Incidentally, Whitefield’s tax maps and assessors land records are now online. This is huge. Get with it Jefferson! More about this in another post when I get a chance.

02 January 2013: DEP Responds to PPM motion to reconsider

bam-customThe DEP responded in record time to Pleasant Pond Mill LLC’s motion to withdraw, reconsider, or elucidate sent to the Service List earlier this morning. I expected a quick response, but I didn’t expect them to dismiss it so perfunctorily and with so little fanfare. They did not bother with a procedural order, they simply sent this short email:

Dear Mr. Kelley,

Thank you for your submittal, dated January 2, 2014 containing a Motion for Withdrawal/Reconsideration/Elucidation of the Department’s Procedural Order #9.  The Department has reviewed and considered your Motion and determined that Procedural Order #9 will not be withdrawn or reconsidered.  The ruling issued in Procedural Order #9 stands on its own merits.  The deadline to receive comments on the draft Water Level Order remains as Monday, January 6, 2014.

Sincerely,

Beth Callahan
Project Manager
Division of Land Resource Regulation
Maine Department of Environmental Protection

It is pretty clear to me that the Department of Environmental Protection is tired of Mr. Kelley’s quasi-legal maneuvering and have had enough. One has to wonder whether Mr. Kelley has gotten the message.

02 January 2014: Pleasant Pond Mill LLC submits Motion for Withdrawal/Reconsideration/Elucidation to DEP

kelley-headshotAt 9:33 AM this morning Paul Kelley of Pleasant Pond Mill LLC sent a message to the Service List in which he filed a 5 page Motion with the Department of Environmental Protection addressed to Hearing Officer Heather Parent and Project Manager Beth Callahan. If anyone had any questions as to whether Paul Kelley was going to quietly submit to the Department of Environmental Protection’s water level order, this should dispel them. I certainly didn’t have any. The Motion is as follows:

“MOTION FOR WITHDRAWAL/RECONSIDERATION/ELUCIDATION OF THE MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION (“DEP”) PROCEDURAL ORDER #9, ISSUED DECEMBER 27, 2013; AND FURTHER INCORPORATING ADDITIONAL MOTION(S) FOR EXTENSION OF TIME TO REPLY TO PROPOSED DRAFT WATER LEVEL ORDER AND OTHER PROCEDURAL MATTERS.“

I haven’t read it yet.  I will shortly and will comment later. Here’s the 5 page Motion:

Here is the accompanying email:
Continue reading →

01 January 2014: Happy New Year & Water Level Year End Summary

13 waterlevelchart_2013Happy New Year everyone! It is the beginning of another year and I’ve posted the 2013 water level chart (at left) to the Archived 2013 Water Level Charts page. For some reason I can’t fathom (pun intended) the water level charts are not the most popular items on the web site, in fact only 2 people check them out with any regularity, David Hodsdon and Paul Kelley. David’s interest stems from having a scientific bent to begin with coupled with having measured the water level of Clary Lake off and on for the better part 30 years, and he just likes to admire a pretty chart. I suppose Paul has his own reasons for paying such close attention to the lake level. Perhaps he too just enjoys a pretty chart.

Initially I started measuring the water level of the lake to document the water level fluctuation and assess it’s impact on the environs of Clary Lake, to be used as evidence in support of our petition initiative. As with David, I also happen to have a scientific inclination as well as the technical skills and professional experience required so it has also served as a form of entertainment.  Call me crazy. Since starting measuring the lake level however, it has become more of a ritual, something that I do with a measure of solemnity though it’s challenging to keep it up on a regular schedule during the winter due to the complications of snow and ice. It remains to be seen if I will continue with the practice once the Water Level Order goes into effect and water level measurements are being made at the dam; I expect I will at least initially because I want to investigate further the dynamics of runoff, water flow, and their effect on the elevation difference between the lake surface and the water level at the dam.

Some 2013 Statistics:
There are lots of ways to slice and dice the volume of data I’ve collected. Here are a few statistics for the past year. If anyone is interested in the raw data, just ask.

  • We started the year at -48.36″ below the top of the dam and ended slightly lower at -51.48″ below the top of the dam.
  • We received 40.23″ of precipitation in 2013 compared to 39.98″ for 2012, only 1/4″ difference.
  • The highest water level we saw in 2013 was -31″ on May 30th and the lowest was recorded on January 29th when it reached -61.68″ below the top of the dam. For comparison, in 2012 the highest was -19.08″ on June 7th and the lowest was -62.52″ on April 21th.
  • The average water level in 2013 was -48.9″ below the top of the dam compared to -45.7″ below the top of the dam in 2012.
  • In 2013, the dam’s gate was closed for only 10 days, from May 17th to May 26th during which time we received 4.33″ of rain which brought the lake up 25.56″ to -31″ below the top of the dam by May 30th, the highest the lake would get in 2013.
  • In 2013 the depth of water over the foot of the State boat launch was equal to or greater than the design value of 2.3′ for only 7 days during the last week of May.

Archived 2013 Water Level Charts

29 December 2013: Reflecting on the past and looking to the future

hard_work_aheadLong about this time of year it is customary to reflect on the past and consider what the future holds so I thought I would do just that. It makes even more sense now considering we’ve reached not just the end of another year but for all intents and purposes, the end of the Clary Lake water level petition initiative as well. This is a huge milestone that seemed almost unattainable just a few short weeks ago. It’s amazing how one’s outlook can change so quickly.

The water level petition was filed back on January 3rd, 2012.  At that time we’d already been working over 2 months collecting signatures, drumming up support, making plans, and preparing the actual petition application. I knew at the time that it wasn’t going to be an easy process but I had no idea how much of an ordeal it would turn into nor did I think for a minute that it would be every bit of 2 years before our efforts finally came to fruition. While I didn’t know exactly what I was getting myself into, I have no regrets and would do it over again in a heartbeat. Continue reading →

27 December 2013: DEP Issues Procedural Order 9, Denies PPM request for 30 day extension

denied-customAt 2:15 this afternoon, Beth Callahan sent out the Department’s Procedural Order 9 being their response to Pleasant Pond Mill LLC’s recent motion requesting a 30 day extension to the deadline for comments on the DRAFT Clary Lake water level order. PPM’s motion was DENIED. Also denied was his request that the Department make available staff and data prior to his submission of comments. The Presiding Officer did however incidentally grant an additional week to prepare comments due to the inclement weather we’ve had this past week. The new deadline for submission of comments is Monday 6 January 2014. The Order is totally worth Reading:

Procedural Order 9

Frankly while I don’t need the extra week, I will make use of it. I was without power for 3 1/2 days this past week and was unable to work at my computer. I did compose some notes on paper with pencil only to find that I can no longer read my own hand writing.

The message sent by this Procedural Order is clear: they are done playing games, and the hammer is about to fall.

In addition to issuing the procedural order, they sent along a revised SERVICE LIST, the only change being a new email address for Clary Lake Association Counsel Robert Rubin.

27 December 2013: Petitioners object to PPM request for extension to comment period

just-say-no_0After much consideration and after re-reading the motion several times, I decided that I must object on principle to Pleasant Pond Mill LLC’s request for an extension to the comment period. To that end, I have just sent Petitioner’s objection to the Service List. It’s time for these delaying tactics to stop. That said, I fully expect Ms. Parent to grant an extension, but not for 30 days.

Petitioners Objection to PPM request for comment period extension

I’ll post the Hearing Officer’s decision on PPM’s motion when I receive it. I expect it will be sometime today.

26 December 2013: Pleasant Pond Mill LLC files motion for extension to comment period

expect_delaysPleasant Pond Mill LLC has just submitted a request to Presiding Officer Parent for an extension to the comment period provided to review and comment on the Draft water level order:

MOTION REQUESTING ADDITIONAL TIME TO REVIEW AND COMMENT

The comment period deadline is currently 5 PM next Monday, 30 December.

Having now carefully read Mr. Kelley’s motion for extension for the second time, all I can say is that I am sorry that this DRAFT water level order didn’t come at a more convenient time for him, I’m sorry that he hasn’t been able to consult with his attorney, and I’m sorry that his travel plans will interfere with his attention to this matter. The fact of the matter is, Mr. Kelley should have seen this coming. He has had amply opportunity over the past 2 years to present his side of this matter but the time for talking is now over: the evidence has been heard, the decision made, and the sentence is about to be imposed.  Mr. Kelley better get busy. It’s time to get to work.

 

26 December 2013: Gillette comments on Draft Water Level Order sent to DEP

speakingThomas Gillette has submitted his prepared comments to the Department of Environmental Protection and the Service List  in regard the recently issued DRAFT Clary Lake water level order. They are short and to the point.

Thomas has been an intervener in these proceeding from the start and he testified at the public hearing back in August 2012. He is a long-time Clary Lake Association member and resident on Clary Lake though he is currently no longer a land owner himself. He has written these comments on behalf lake shore owners Kate Seba, Christopher Gillette, and Baxter Gillette as well as his next door neighbor lake shore owner Ken Rapp:

Gillette comments on Draft Water Level Order

Many thanks to Thomas for his continued support and assistance in this matter.

25 December 2013 Lincoln County News: DEP Seeks Comments on Draft Clary Lake Water Level Order

paperThere’s a comprehensive, fact-filled article in this weeks Lincoln County News about the Draft Clary Lake Water Level Order:

DEP Seeks Comments on Draft Clary Lake Water Level Order

We’re still out of power today, Christmas day. I’m still running on battery backup so I can only afford to stay online briefly. I have hopes they’ll get the ice storm damage repaired and the electricity flowing soon. If you’re in an area without power, remember to check on your neighbors.

DEP Seeks Comments on Draft Clary Lake Water Level Order [Archived Copy]

Cut wood, carry water. Merry Christmas Everyone 🙂

24 December 2013: Day before Christmas, Newspaper Articles, Ice storm Shenanigans, No power

runningWe’re without power here in Whitefield- I’m online now as long as I keep running on the treadmill… I wanted to let everyone know there’s an article in today’s KJ about the draft order:

DEP issues draft plan for Whitefield’s Clary Lake Dam

I was interviewed on the phone Monday for that, also for an article that will appear in the Lincoln County News tomorrow. I’ll post a link if and when I get back on line.  Stay warm everyone.

DEP issues draft plan for Whitefield’s Clary Lake Dam [Archived Copy]

22 December 2013: Clary Lake Webcam back up and running

12-12-2013-campicI’ve noticed a number of people checking in on the webcam only to find that it hasn’t been running. I’ve had a few issues with it and haven’t had the time to dig into them until now. The cam software also puts a not insignificant load on my computer, using memory and slowing it down when I’m trying to work.  For that reason it won’t be running all the time, but I’ll try and boot it up when I’m not working. The picture at left is what it looks like outside the window right now… gray and dreary with everything covered with ice.

Update: I had a file permission problem on the server, just resolved. You can now look at the cam window in the right hand side bar and see whether the web cam is running.

21 December 2013: Thoughts on the DRAFT Clary Lake water level order

finish-line-aheadA number of people have asked me for to explain the DRAFT Clary Lake water level order that was issued the other day. It is a very detailed and complex document with many subtle (and some not-so-subtle) elements and there is certainly a lot to ponder. I have reviewed it at length and will state for the record that I think the water level order is FANTASTIC. It is essentially what we asked for, and it was worth waiting for.  I have begun preparing comments on behalf of the Petitioners to submit to the Department and which are due on or before December 30th, so I’m not going to go into a lot of detail now. I will however go over the highlights.  I encourage everyone to read the actual ORDER and if you have any questions or comments, please send them to me.

The first 11 pages of the draft order constitute a Findings of Fact and a review of the evidence that the Department considered in making their decision. It is totally worth reading, especially C. “TITLE, RIGHT, OR INTEREST” on page 6 of 16. The WATER LEVEL ORDER proper starts on page 11. The major elements of the order are as follows: Continue reading →

19 December 2013: WE HAVE A WATER LEVEL ORDER

dep-logo-customLate this afternoon, the Department of Environmental Protection issued a draft water level order for Clary Lake.

According to the cover letter accompanying the order, interested parties have until the close of business Monday, December 30 to submit written comments.

[ORIGINAL] Draft Clary Lake Water Level Order  (2.0 megs)

A few people have had trouble sucking down the file due to the size.  By sacrificing some image quality I’ve managed to reduce the file size to a mere 832 K:

[COMPRESSED] Draft Clary Lake Water Level Order (832 K)

The draft Clary Lake Water Level Order can now be viewed on the Department’s website at http://www.maine.gov/dep/comment/index.html.  The specific URL is: http://www.maine.gov/dep/comment/comment.html?id=610700

I am still reading it. I’ll provide a summary shortly.

17 December 2013: The water level petition takes a big step forward

eyesI called and spoke with Assistant Attorney General Thomas Harnett this afternoon, he’s been handling the 2 Clary Lake petitions (the water level petition and Kelley’s petition for release from dam ownership or water level maintenance). It turns out that Mr. Harnett was in a car accident this past fall and he has been away from work for some time recovering. Apparently, the draft water level order has been sitting on his desk awaiting his return.

Mr. Harnett told me when we spoke today that he has recently returned to work and as of this morning had completed his review of the draft Clary Lake water level order and returned it to the Department. While Mr. Harnett didn’t know what the Department’s plans were, it is reasonable to assume now that AG review of the draft water level order is complete that there is little to stop the Department from issuing the water level order in short order. A number of sources have indicated the water level order could be issued any time including most recently Senator Christopher Johnson’s correspondence which cited the Senate Chair of the Natural Resources Committee, Senator Jim Boyle as saying that DEP Commissioner Aho had indicated the order would be released “in early December.” It would appear now that the hangup has been waiting for Mr. Harnett to return to work.

I did not ask Mr. Harnett for details of the water level order and he didn’t volunteer any. As I understand it, the Presiding Officer will issue the water level order as a Procedural Order and interested parties will be given an opportunity to review it and comment. From past experience I would expect the comment period to be at least 2 weeks and possibly as much as a month. That’s about as much speculation as I’m going to engage in just now.

10 December 2013: The Fall 2013 Water Column, a publication of the Maine Volunteer Lake Monitoring Program

secchi_diskThe Maine VLMP has published their Fall 2013 newsletter “The Water Column” and with 24 pages packed with pictures and information, it’s well worth downloading.  Also available at that page are previous issues of The Water Column dating back to 1999. The Clary Lake Association has been a supporting member of the VLMP since 1975. See our Volunteer Lake Water Monitor Program page for more information.

One of the articles I found particularly interesting is the one about the invasive Chinese Mystery Snails which I have seen in Damariscotta lake. They’re not in Clary Lake that I’m aware of, at least not yet anyways. They’re prepared a cool Google map showing the lakes in Maine where this snail has been identified.

They’ve also got a new web site Lakes of Maine which I’ve only just started looking at. Lots of cool information including the above map about Chinese Mystery Snails.

10 December 2013: Clary Lake Water Level Petition Update

senator_johnson

Senator Chris Johnson

Looking back, I see I haven’t posted to this site since November 21st. There are several reasons for this, the primary one being I didn’t have any good news to report and for another I’ve been rather busy with work, which is a welcome change. Today I received an email from Aaron Miller, Whitefield Town Clerk with a couple of documents from Senator Chris Johnson. One is a letter dated 11 September 2013 to DEP Commissioner Patricia Aho and the other is a letter to the Whitefield Selectmen just last week dated 05 December 2013.  The letter to the DEP Commissioner was posted to the Town of Whitefield’s Facebook Page today. I thought I’d post them here.

I’ve been in close contact with Senator Johnson around this issue for the last year and a half and I’ve found him to be sympathetic, very responsive, and very helpful. He had sent a letter to Commissioner Aho back in late August of this year, asking for an update on the status of the water level petition. I corresponded with him on September 9th at which time he told me of a response he’d received from the Commissioner the previous week stating that it would likely be another 6 weeks before the order was issued (implying a date of somewhere around the end of October). He also told me he intended to respond to her and he did send the following letter, which I had not seen until today:

11 September 2013 Letter to Commissioner Aho

Here’s Senator Johnson’s response to a letter from the Whitefield Selectmen:

05 December 2013 Letter to Whitefield Selectmen

Continue reading →