Author Archives: George Fergusson

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

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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 →

19 November 2013: Whitefield residents vote not to pursue dam ownership. Again.

img_4059-mediumAt a special Whitefield town meeting tonight, Whitefield residents voted not to pursue ownership of the Clary Lake dam just like they did at a similar meeting held last spring. I don’t know about anyone else, but I certainly didn’t expect a different outcome. At least the meeting was well attended! Jefferson held their own special meeting last night and only about 20 people showed up. They too voted (again) not to pursue ownership of the Clary Lake dam and the meeting was over in less than 5 minutes. It was over so quickly that Paul Kelley, who arrived a few minutes late, was walking into the  meeting while everyone else was walking out.

img_4069-smallPaul Kelley was at tonight’s meeting as was Richard Smith, Manager of Aquafortis Associates LLC. Ellis Percy, President of the Association stopped by long enough to present Kelley with a revised offer on the Clary Lake dam. So far, attempts to meet with Kelley to discuss the Association’s purchase of the dam have been unsuccessful but we remain optimistic that the Association will end up owning the dam sooner or later.

Tonight’s meeting pretty much wraps up Kelley’s obligations under the statute. Next step is his consultation with the Department of Environmental Protection.

16 November 2013: Benefit Supper for Rusty Althenn

Benefit Poster

I received the following email (and the above poster) from Stan York today.

Hi George,

I wanted to ask if it might be possible to have the Clary Lake Association help us get the word out about a benefit dinner being held for one of our camp owners. Rusty Althenn, who’s wife Patty I believe is a member (they own the camp to the right of ours on the lake), has had some medical issues lately that resulted in the loss of kidney function and regular dialysis treatments. The community here in Palermo and South China where we live is responding with a Benefit Spaghetti Supper to be held at Erskine Academy in South China this Saturday from 5-7pm. We are also having a Silent Auction and a 50/50 Raffle. We are hoping to raise money to help them with medical bills, as he has spent the last few weeks in and out of the hospital in Portland (and now traveling regularly to Augusta/Waterville for dialysis treatments).

I know that Patty and Rusty are very well known on the lake, and I am not sure how to get the word out to a lot of the people who see them regularly during the summer months. We were hoping maybe we could get the poster for the benefit on the Association website, or maybe forwarded to your group e-mail list.

Let me know your thoughts, and we appreciate anything you can do!

Thanks,
Stan

Stan York
P O Box 51
Palermo ME 04354
207-993-2851
800-940-1596

 

New research raises additional concerns about algae blooms

anabena03We know algae blooms represent an unhealthy condition in the lake environment brought about in large part by excess phosphorus and that decomposing cyanobacteria besides being unsightly can release compounds toxic to fish and animals, but now we have an additional reason to be concerned about blooms: new research by scientists in Australia and the US have found clear links between certain toxins produced by the blue-green algae responsible for algae blooms (cyanobacteria) and Motor Neuron Diseases such as Alzheimer’s, Parkinson’s and Lou Gehrig’s diseases.

There has been increasing evidence of a link between motor neuron disease and the consumption of food or water contaminated by blue-green algae but it wasn’t clear how the algal toxin was damaging the central nervous system. It turns out that blue-green algae (cyanobacteria) produce a neurotoxic amino acid called β-methylamino-L-alanine, or BMAA. BMAA mimics an amino acid called serine that is used to make human proteins. BMAA is mistakenly incorporated into human proteins in place of serine, resulting in damaged proteins which over time, build up to toxic levels and kill the cells.

Here’s an article describing the research around this issue:

Breakthrough discovery links blue-green algae with motor neuron disease

This issue was first brought to my attention last month by Jack Holland who forwarded me an article from Lake Champlain International about the public health consequences of blue-green algae blooms. Now, I don’t think we’re seeing levels of blue-green algae in Clary Lake sufficient to create dangerous concentrations of cyanobacteria toxins but it certainly gives us another reason- as if we needed one- to do everything we can to prevent algae blooms by limiting the amount of phosphorus that enters Clary Lake. Phosphorus transport mechanisms are well known as are the ways to mitigate them. This is the primary motivation behind the Clary Lake Watershed Survey. We’ll post more about this as it becomes available.

07 November 2013 Lincoln County News: Whitefield residents to vote again on Clary Lake dam

thumbs-down-customKathy Onorato of the Lincoln County News attended the Whitefield Selectman’s meeting last Tuesday night and has written an article about the meeting that has appeared in this week’s paper. The November 19th special town meeting will be held at 7 PM at the Whitefield Elementary School, same place as last time:

Whitefield residents to vote again on Clary Lake dam

The wording of the article is the same as the first time around which was recommended by the Maine Municipal Association:

To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to negotiate an agreement to accept ownership of the Clary Lake dam, including all property rights owned by the dam owner and necessary to maintain and operate the dam, on such terms and conditions as the Selectmen deem advisable, subject however, to final approval by the voters before the Selectman execute the agreement.

Only a lawyer could have come up with that wording! For comparison, here’s the article the residents of the town of Jefferson will be voting on (see yesterday’s post):

To see what action the Town will take regarding ownership of the dam on Clary Lake located at 103 Mills Road in Whitefield.

Regardless of the wording of the articles, the outcome of the meetings is not in question: the residents of both towns already voted not to have anything to do with the dam.

05 November 2013: Jefferson schedules public meeting

town-meeting-customThe Town of Jefferson has scheduled public meeting for Monday 18 November at 5:30 PM to consider and act on the issue of dam ownership. The meeting is being held at the Jefferson town office. This is one day before the Town of Whitefield public meeting being held for the same purpose. The actual wording of the article is:

Article 2: To see what action the Town will take regarding ownership of the dam on Clary Lake located at 103 Mills Road in Whitefield.

This is pretty much the same wording as the last time they held a meeting and the outcome of the meeting will undoubtedly be the same. The Selectmen have decided to send a letter to the DEP expressing their concern over their lack of action on the matter of a water level order for Clary Lake.

28 October 2013: Kelley request for Board of Environmental Protection jurisdiction over his petition

eyesPaul Kelley has sent a letter to DEP Commissioner Patricia Aho requesting she give up jurisdiction over his company’s petition for release from dam ownership or water level maintenance to the BEP (Board of Environmental Protection). He copied IF&W Commissioner Chandler Woodcock and the towns of Whitefield and Jefferson:

It is not a foregone conclusion by any means that DEP Commissioner Aho will relinquish jurisdiction to the BEP, nor is it clear what Kelley would expect to gain by having the BEP take over his petition. From a DEP information sheet:

BEP Jurisdiction Requests. People may request that the Board assume jurisdiction over a filed application within 20 days after D.E.P. accepts it as complete for processing. Such a request must satisfy Section 17 of Chapter 2. Board jurisdiction is not available for windpower development projects.

I think it is unlikely the DEP Commissioner Aho will go along with this jurisdiction change request and I think to do so would be a unconscionable waste of government time, money, and resources especially considering that Kelley has a couple of offers to purchase the dam. Those wishing to delve into this further can find Chapter 2 here:

Rule Chapters for the Department of Environmental Protection

 

25 October 2013 Lincoln County News: Whitefield sets date to vote again on Clary Lake Dam ownership

dohThe slow motion train wreck continues: the Lincoln County News reports that the town of Whitefield has scheduled yet another public meeting for Tuesday, November 19th to “consider and act” on the question of dam ownership. Again. Apparently, back on September 27th Paul Kelley really did file a new petition, replacing his original petition filed back on April 2, 2013. DEP’s Kathy Howatt originally stated that she believed Kelley was trying to correct deficiencies in his original petition resulting from a failure to properly provide public notice and that as such the towns wouldn’t be required to hold public meetings again.  In fact, when I spoke to her late afternoon on September 27th, she said that he hadn’t filed a new petition at all but had filed a request for a 180 day extension.

Now apparently DEP has concluded that Kelley really did file a new petition which is what Kelley has maintained all along. Boy I’m glad they finally got that straightened out.

Whitefield sets date to vote again on Clary Lake Dam ownership

This means Jefferson will also be required to hold another public meeting though the selectmen haven’t indicated they intend to do so, at least not yet anyways.

16 October 2013 Lincoln County News: No White Flags, But Clary Lake Groups Aim For Peaceful Talks

15_october_2013_public_meeting

Paul Kelley addresses the small group of assembled lake shore owners.

There is an article in today’s Lincoln County News about the meeting held yesterday by Paul Kelley to hear offers on the dam from Clary Lake shore owners. It’s a good article, and well written. Here’s a link to the on line version:

No White Flags, But Clary Lake Groups Aim For Peaceful Talks

18 people showed up not including Paul Kelley or the fellow he brought to video record the meeting. The meeting started out rather stilted and formal. Kelley made it clear at the beginning that the meeting was being held to comply with the requirements of the statute and the video would be used as the basis of his report to the DEP. Continue reading →

15 October 2013: Pleasant Pond Mill LLC to hold public meeting today

dog_and_pony_showOn behalf of Pleasant Pond Mill  LLC, Paul Kelley is accepting offers on the Clary Lake dam today at a public meeting being held at 2 PM at the Jefferson Fire Department, the same place the water level hearing was held a year ago last August. The meeting is intended to comply with the requirements of the statute covering his petition for release from dam ownership:

38 §902. CONSULTATION PROCESS

1. Consultation required. Within 180 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901.

Continue reading →

10 October 2013 [UPDATED]: Lake water quality still a concern

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Dead blue-green algae

For the second time this summer we’re seeing evidence of a major blue-green algae bloom. Since it’s late in the season nobody has really noticed the murky water this time around, but this morning there is green scum floating on the surface of the lake, mostly visible around the edges where it is piling up against the shore. I’ve posted a few pictures. I wondered if we’d be seeing another bloom after David Hodsdon reported several weeks ago the TP (Total Phosphorus) reading of 0.023 mg/l from the 8/12/2013 water test. That much phosphorus usually indicates a bloom is on the way or underway. David had reported an algae bloom back in late July so I thought at the time the bloom winding down, but it is clear now that it the algae die-off in early August was just a temporary condition. You can check out the water quality monitoring data going back a couple of years on the Clary Lake Water Monitoring Data page. Continue reading →

03 October 2013 Lincoln County News: New Clary Lake dam petition may not be new at all

confused-monkey1The confusion surrounding Pleasant Pond Mill LLC’s petition for release from dam ownership or water level maintenance continues despite the Lincoln County News‘ attempt to bring clarity to the situation with this most recent article on the issue. The confusion even extends to the Department of Environmental Protection where uncertainty over whether Kelley’s petition is new, old, or improved is complicating processing. Dominik Lobkowicz tries (heroically) but fails (inevitably) to explain it all in his article:

New Clary Lake dam petition may not be new at all

Continue reading →

27 September 2013: No new petition for release from dam ownership

forsalebyowner-customAs of 3:30 PM today, Friday the 27th of September, Mr. Kelley had not filed a new petition for release from dam ownership or water level maintenance with the DEP despite what his recent “notice of intent to file” stated. He has instead requested a 180 day extension to his current petition as provided for by the statute. I would have thought it made more sense for Mr. Kelley to withdraw his original petition and submit a new one so as to remove all question about the validity of his initial public notice. Now, while he has another 180 days to try and find a new owner for the dam, the uncertainty of whether his petition is valid or not still hangs over it like a cloud. I would have wanted to be rid of that uncertainty but apparently Mr. Kelley doesn’t mind it. Will DEP conclude in 6 months that he has failed to correct the deficiencies in his original filing? Who knows!

With his petition being continued for another 6 months, the dam remains for sale and Mr. Kelley must actively seek a new owner, and entertain offers on the property. After all, the purpose of the petition for release from dam ownership or water level maintenance is to facilitate the transfer of a dam from someone who doesn’t want it to someone who does. As is stated in the recent LCN article, the Clary Lake Association does want it, and intends to actively pursue ownership of the Clary Lake dam as soon as the Department places a water level order on it.

25 September 2013 Lincoln County News: Clary Lake Dam Owner Plans Second Petition For Release From Ownership

writing1_0There is an article in this week’s Lincoln County News about Pleasant Pond Mill LLC filing a second petition for release from dam ownership or water level maintenance. The reporter, Dominik Lobkowicz, interviewed me by phone yesterday afternoon and it would appear he also spoke Paul Kelley and Kathy Howatt of the DEP.

Clary Lake Dam Owner Plans Second Petition For Release From Ownership

Mr. Lobkowicz has done a good job of reporting on a very complicated issue and has prepared a factual, accurate article. One thing that jumped out at me: Kelley apparently told the reporter that “no offers to take over ownership of the dam that meet the statutory guidelines have yet emerged.” This does not jive with a statement made by Kathy Howatt to me yesterday when I spoke with her on the phone: she said she was aware of at least one offer on the dam.

I’ll read the article more closely later and likely post a comment or two. I’ll also archive the article and post a link to it later.

Here’s a local PDF copy from the archive:

25-September-2013_LCN_Clary-Lake-Dam-Owner-Plans-Second-Petition-For-Release-From-Ownership.pdf

24 September 2014: Pemaquid Paddlers descend on Clary Lake

img_3875-customThe Pemaquid Paddlers did indeed show up at Clary Lake this morning; I stopped by the boat launch a little before 9 am to watch them gear up and take off. There were 14 kayaks in all, all different, several of which were tandem boats with 2 people in them. The weather was COLD and blustery with a strong north wind blowing down the length of the lake. A number of the paddlers were wearing shorts; it was NOT a time or place for shorts as far as I was concerned!

img_3865-customI talked to a number of the paddlers; some of them had been to Clary Lake before and many were aware of the water level crisis taking place. One had been partway down the channel earlier this summer and they were concerned that they wouldn’t be able to navigate the channel all the way to the dam because of low water and thick weeds. They were right: the paddlers turned back after reaching the end of the lake and didn’t even venture into the channel at all.

I’ve added a half dozen or so pictures of the Pemaquid Paddlers to the new Fall 2013 Photo Album.

24 September 2013: Confusion around Pleasant Pond Mill LLC’s Notice of intent to file

613_confusion-customI spoke to Kathy Howatt this morning to confirm the circumstances surrounding Kelley’s latest “notice of intent to file” and surprise surprise, she said that DEP has NOT dismissed his petition. It wasn’t even clear that she knew about Kelley’s latest notice though she was aware that Kelley intended to hold a public meeting next month. She speculated that this new notice of intent to file was Kelley’s attempt to correct the deficiency in his original filing. However, Kelley already tried to correct the deficiency in his original filing with a public notice back on May 24th. If that wasn’t sufficient, why should this latest attempt be sufficient? Will he actually file another petition on September 27th as his latest notices suggests? What happens to the existing petition? Can he actually file the petition twice? Do the towns of Whitefield and Jefferson have to hold public meetings again? I’m left with nothing but questions: Kelley continues to confuse, obfuscate, and complicate the situation.

So who’s planning on attending Paul Kelley’s October 15th public meeting? Who’s planning to make an offer on the (breached) Clary Lake dam?