The deadline for submitting written comments on Aquafortis Associates LLC’s appeal of the DEP Order transferring the Clary Lake Water Level Order to the Clary Lake Association was Tuesday, 22 January 2019 at 5:00 PM (see “Aquafortis Appeals CLA License Transfer“). Only Butch Duncan commented on the actual license transfer application so therefore, according to the Notice of Appeal, he was the only one entitled to submit written comments on the appeal. He did not disappoint, submitting a short email to the Service List just after 3 PM on Tuesday. Per the Notice of Appeal, the Clary Lake Association was also entitled to comment, and we did by our letter dated January 4th. Much to my surprise (just kidding!) verbose comments were also submitted at the last minute by Paul Kelley (a total of 79 pages) and Richard Smith (a total of 37 pages). Continue reading
Category Archives: Association News
O5 January 2019: Clary Lake Association Responds to Aquafortis Appeal of License Transfer
Back on December 26th I posted about Aquafortis Associates LLC appealing the recent DEP Order #L-22585-36-F-T transferring the Clary Lake Water Level Order to the Clary Lake Association. CLA President Malcolm Burson has in turn responded to the appeal with a short, succinct 1 page letter:
Ho hum. That is all.
26 December 2018: Aquafortis Appeals CLA License Transfer
In a move that should surprise no one, Richard Smith of Aquafortis Associates LLC [AQF] has formally appealed the Department of Environmental Protection’s decision to approve our application to transfer the Clary Lake Water Level Order to our organization. The appeal of the December 6th Department Order #L-22585-36-F-T was filed “in a timely manner” with the Board of Environmental Protection [BEP] on December 11th, the same day I posted that our license transfer application had been approved. This appeal can only be viewed as ongoing harassment of the Association by Paul Kelley and Richard Smith and a continued attack on Clary Lake, and the Clary Lake Water Level Order. One wonders what they can possibly hope to accomplish with this appeal save wasting our time and that of the DEP and the BEP? It appears the following email I received from DEP on December 13th is in fact the formal appeal: Continue reading
Merry Christmas from the Clary Lake Association
24 December 2018: Water Over the Weir
I had intended to post some news and pictures on the dam repairs before now but I have been out straight and only now, the day before Christmas, have I found the time to sit down and do it. Last Tuesday workers with PCS removed the concrete forms and pulled some sandbags. They came back the next day to clean up and load up the rest of their gear and materials, bringing to completion the initial repairs to the Clary Lake dam. That afternoon, Colin Caissie completed fabrication of a wrench to operate the gate, and we wasted no time in closing it. Part of the rush was the anticipated rain forecast for Friday: we really wanted to capture the runoff! Here are a few pictures from when we closed the gate, and a video of water flowing over the weir: Continue reading
15 December 2018: Dam Repairs Completed!
On Friday December 14th, 2018 the PCS crew finished forming up the original log sluice gate in the middle of the dam and poured concrete, bringing to completion the major repairs to the Clary Lake dam. I can hardly believe it’s really happened! So many things had to go just right for this to happen now, from the lack of rain and snow over the last 2 weeks to the rising temperatures on the day of the pour. So much could have gone wrong, it really is a miracle. If the lake level hadn’t dropped enough and if the temperature hadn’t finally moderated, we’d still be waiting, and who knows when conditions would have permitted the repairs to be finished? It was only 4 days ago that I posted that dam repairs have resumed. All told this final phase of effort took 5 full days, made all the more difficult by the brutally cold temperatures for the first 4 days of the week. Here are some more pictures that tell this latest chapter in the story: Continue reading
11 December 2018: Dam Repairs Resume!
Repair work on the Clary Lake dam has been on hold for a few weeks while we waited for the water level behind the dam to fall enough to allow work to resume. We weren’t sure if a sufficient work-window was going to open, but fortunately, the 2-storms-a-week weather pattern that dropped 7″ of rain on us in November has given way to good old fashioned cold, dry, Maine December weather, and the water level behind the dam started to fall rapidly. At the beginning of the month there was over a foot of water flowing through the open weir. By last Sunday morning, the water depth was down to a little over 3″ and dropping, and with a possible large rain event forecast for next weekend, Rick Pease of PCS Construction decided it was time to resume work.
Monday morning they started the day by filling sandbags (at left), and in the afternoon they constructed a small cofferdam to block water from flowing through the open outlet weir. There was a little leakage so this morning they draped a plastic sheet over the sandbags to stop the leaking. Then they built a tent around the work area and installed a portable propane heater to keep it warm. They then got to work finishing removing the old blocks of concrete fascia that formed the original log weir and constructing the steel rebar structure that will reinforce the concrete weir they’re building. The plan is to have it formed up and ready to pour concrete this coming Friday, and just in time too, as a large rain event is forecast for next weekend.
Here are a few pictures of the start of this next and final phase of effort:
You can see all the pictures in the Fall 2018 Gallery.
This is so exciting I can hardly stand it 🙂
11 December 2018: Clary Lake Water Level Order Transfer Complete
We are pleased to announce that the Department of Environmental Protection has approved the transfer of the Clary Lake Water Level Order from Pleasant Pond Mill LLC to the Clary Lake Association. There was never really any question that the Department would approve the license transfer given that the State openly endorsed our effort to purchase the dam from Kelley’s bankruptcy estate, but it is nonetheless very nice to have this matter behind us. The WLO which was appealed right after it was issued in late January 2014, was upheld by the Lincoln County Superior Court in a ruling issued February 26, 2016. Now, if someone complains about how we’re managing the lake level, we will simply say we’re obeying the Order and if they don’t like it, they can take it up with the DEP.
As usual with DEP rulings, aggrieved parties have 30 days (from December 7th) to appeal the decision. Good luck with that! The chances of it being overturned are ZERO.
30 November 2018: Water Level Order Transfer Update
Since closing on the dam property back on October 13th, the Clary Lake Association Board has been out straight trying to get the dam repaired, the old underground storage tank removed, and the Water Level Order transferred over to the Clary Lake Association. The repairs are underway, the tank is gone, and the license transfer is moving forward.
We submitted the license transfer application to the Department of Environmental Protection (DEP) back on October 22nd and it was accepted for processing by the Department on October 26th. Anyone with a good reason had until the end of the day on November 16th to file a request with the Department for a public hearing on the application. Not surprisingly, two parties did make such a request: Richard Smith (on behalf of Aquafortis Associates LLC) and Butch Duncan. Also not surprisingly, we received word today that both requests for a public hearing have been denied:
The outcome of these attempts to interfere with the transfer of the Clary Lake Water Level Order from PPM to CLA was never in question, and I expect a satisfactory decision on our license transfer application in the near future.
29 November 2018: Fundraising Update
We’re within 10% of reaching our second fundraising goal and I’d like to take this opportunity to thank everyone who has helped us get this far. While we’re a little shy of the additional $15,000 we wanted to raise, we’re still in pretty good financial shape going forward. While donations have slowed down, they haven’t stopped coming in and I trust we’ll reach our goal before long. In round numbers, since we started fundraising last spring we’ve raised over $130,000 in donations. Impressive for a small lake association.
We generally don’t single out individual donors for recognition, but from time to time we do and I’d like to acknowledge a recent generous donation to our Dam Purchase & Repair Fund from the Whitefield Lions Club. It was both unexpected and greatly appreciated. I hate to say it but I wasn’t really familiar with the Lions Club and what they do so I read up about it. It’s an international, non-political service organization established in 1916 with currently over 1.7 million members world-wide. The Whitefield Lions Club has been serving the towns of Whitefield, Jefferson, Windsor and Somerville, Maine since 1953 and is part of Lions Clubs International Maine District 41. Thank you Whitefield Lions!
25 November 2018: Clary Lake Ice Report and Repair Update
Clary Lake was completely ice-covered by late afternoon on Friday, November 23rd, just one day after Thanksgiving. This is the earliest ice-in date we’ve recorded since we started keeping track (check out the Ice-In and Ice-Out Dates page). The lake was mostly frozen over a few days earlier but for some large areas of open water; to qualify as “iced in” the lake has to be fully covered by ice. As a kid I recall ice skating on Thanksgiving, but that was more than 50 years ago; in recent years, ice-in has been more likely in mid-December. It remains to be seen if the lake remains ice-covered with the somewhat warmer weather we’re expecting this coming week. If you plan to venture out on it, please be careful! Some areas of ice will be plenty thick while other areas may be unsafe; warmer temperatures, and rainfall will not help the situation.
Repairs to the Clary Lake dam have been on hold for a week; the combination of bitter cold temperatures and a high water level at the dam forced a temporary halt to the work and the PCS crew took the better part of Thanksgiving week off. With warmer weather forecast for this coming week and with water levels at the dam falling nicely, we’re hopeful that repairs can be completed in the next week or two before winter sets in with a vengeance. We’re hoping that today’s storm and the one due in next Tuesday won’t result in much precipitation.
The final phase of dam repairs will consist of filling the 7′ wide hole in the dam with new concrete and installing a 5′ wide weir in the top. The weir will have slots on either side for stop logs which will be used to adjust the lake level. Historically, repairs to the Clary Lake dam have been facilitated by the construction of a temporary cofferdam between the old Narrow Gauge railroad abutments, but one side is now owned by Aquafortis Associates LLC and we have not received permission from Richard Smith (owner of Aquafortis) to construct a cofferdam there. Consequently we’ve made other plans. In any case, repairs will be completed, sooner or later.
Stay tuned!
Happy Thanksgiving 2018 From the Clary Lake Association
On behalf of the Clary Lake Association Board I’d like to wish everyone a very happy and bountiful Thanksgiving. We’ve certainly got a lot to be thankful for this year!
16 November 2018: Shooting Gunite Videos
Here are a couple of short videos of Rick Pease of PCS Specialty Contracting “shooting” gunite into the Clary Lake dam yesterday:
16 November 2018: Shooting Gunite!
Yesterday was a landmark day at the Clary Lake dam for several reasons, not just because the underground storage tank was removed but also because PCS “shot gunite” to seal the upstream face of the dam! What an exciting (and loud!!) experience that was! I wasn’t familiar with gunite and had never seen the process so I didn’t know what to expect. The cement comes in a cement truck like regular concrete, but there the similarity ends; rather than a concrete slurry, the stuff that comes down the chute is actually only slightly damp concrete and sand mix. It dumps into a device with a strainer to trap large particles that “fluffs” it up and then blows it down a long rubber hose. At the nozzle end high pressure water is injected into the stream. The whole system is powered by high pressure air from a compressor.
It was very gratifying watching the high pressure stream of water and cement fill holes, cracks, and voids. Some of the larger voids took as much as 30 seconds to fill. I half expected one in a while to see water and cement come shooting out the other side of the dam, but I never did. Here are some more pictures of them “shooting” gunite:
All told it didn’t take them long once they got started. The were plagued with equipment malfunctions all morning, but once the cement truck arrived around noon, they got right to it and were done in less than 2 hours. Then they draped insulating blankets over the dam to help hold in the heat generated by the curing of the concrete.
I’ve got a couple of short videos I’ll post separately.
15 November 2018: Underground Storage Tank Successfully Removed
Today was a landmark day at the the Clary Lake dam. First thing this morning, McGee Construction arrived on site and got to work. First they finished pumping out the contents of the underground storage tank, a process actually started the day before. All told they pumped about 650 gallons of reasonably clean water out of the tank. Then they got to work digging up and removing the tank. It didn’t take long. The good news: Beacon Environmental was on site to do soil and water tests, and ZERO contamination was found, so ZERO remediation needed. This did not come as a huge surprise to anyone, but we were all nonetheless pleased and relieved to hear that. They were pretty much done by lunch time. Here are a few more pictures:
The permitting process to get that tank out of the ground was substantial… requiring in all, 5 separate forms/applications including a tank registration form, an intent to remove tank form, an NRPA Permit By Rule notice, a Maine DOT Highway Opening application (the tank was partly in the road right of way) and last but not least, a “tank was successfully removed” notice (which I have to file tomorrow). Gak. You’d think we were trying to do a bad thing, not get rid of a potential environmental hazard. All I can say now is I’m glad that tank is finally out of the ground and off my radar.
About the time that McGee was finishing up the tank removal, PCS Specialty Contracting was getting ready to shoot gunite to seal the upstream face of the dam against leaking. I’ll post pictures and video of that exciting work shortly.
12 November 2018: Clary Lake Dam Repairs Day 5
11 November 2018: More Clary Lake Dam Repair Pictures
I’ve added another dozen or so pictures of day 4 of repairs to the Clary Lake dam. On Friday PCS finally finished demolition of the deteriorating concrete plug which was blocking the original log weir in the middle of the dam (picture at left). The crew proceeded to remove material cautiously, being careful to keep the demolition debris out of the stream. One big surprise was finding a layer of old wooden timbers laid on top of the bottom layer of rock and covered with concrete. These date back to around 1950. The wood was punky but still relatively solid, and came out in individual pieces roughly 6″ x 8″ x 36″ long. I have no idea why they were left in place. Continue reading
07 November 2018: More Dam Repair Pictures
Today was day 2 of repairs on the Clary Lake dam and I’ve taken more pictures (see the Fall 2018 Gallery) to show the work in progress. They’ve started demolishing the old concrete plug in preparation for pouring new concrete and installing a weir in the top. The two piers and the concrete on top is newer and still pretty hard, it looked like a lot of work busting it up with those little pneumatic hammers. I remarked that my dentist has bigger drills than those they’re using, but they like them because they’re easier to use and don’t throw debris all over the place. They’re sure doing the job- especially lower down in the rotten concrete. The demolition of the concrete plug should be finished tomorrow or early Friday.
Here’s a picture from 1950 showing what those two concrete piers were used for: they held a mechanism for opening and closing a sluice gate. This gate was built to replace an even larger original gate that was roughly 65″ tall and 84″ wide. About 1960 Chester Chase removed this sluice gate, filled it with concrete, and installed the current gate mechanism for the existing 34″ diameter pipe which you can just see to the bottom right. That pipe was originally installed by Henry Clary when the dam was built in 1903 and connected to a penstock that ran all the way down to the wheel house located below and behind the mill. You can see the outlines of the original 65″ by 84″ weir in the photographs and the vertical seam where they partially filled in the left side to create the weir shown in this picture. There’s a lot of history here.
06 November 2018: Repairs Started at Clary Lake Dam
A little over 3 weeks ago we closed on the Clary Lake dam property and finally, yesterday, Monday November 5th, after over 7 years of nearly constant non-stop effort, repair work on the dam was finally started! I can’t even begin to tell you how pleased this makes me. Before going any further I’d like to take just a moment to thank our Membership, our Board, and others in our local community whose help and support were so important to get us to where we are today. It’s been a monumental effort and we couldn’t have done it without all your help. Thank you. Continue reading
18 October 2018: Clary Lake Dam Site Cleanup
We’ve only owned the Clary Lake dam for 5 days, and the clean up site work is done, thanks mostly to CLA Vice President Dave Knight and Member Tim Chase. They literally did 99% of the work! A few other people helped including myself, Ellis Percy, Malcolm Burson, and Mary Gingrow-Shaw. Great work everyone! Also thanks to Steve Cowles for letting stage on his property and pile brush and trees on his burn pile.