Category Archives: News

News from around the lake.

Clary Lake Association To Clear Rocks at State Boat Launch Saturday August 27th

IMG_20150726_083800 (Custom)The Clary Lake Association has received authorization from the Maine Department of Inland Fisheries & Wildlife (IF&W) to clear some rocks away from the end of the State boat launch. These rocks constitute a boating hazard which over the years since the boat launch was built have claimed more than a few outboard props and lower units. After discussing this project with representatives of the IF&W, the Clary Lake Association requested IF&W file for a Permit By Rule with the Maine Department of Environmental Protection under the National Resource Protection Act’s Permit By Rule Standards. They did just that, and we received the go-ahead to do the work earlier this week.

The applicable rule is Chapter 305 Section 6 “Movement of Rocks & Vegetation” which provides for limited clearing of rocks and vegetation by hand from a 10′ wide area. Other requirements of the work to be done are that the rocks cannot be removed from the lake gut must be redistributed into small piles that fish fry can use to take refuge, rather than just randomly scattering them. Since this exercise is to remove a boating hazard, the rocks obviously shouldn’t be piled up in a fashion or location that will have them interfering with boat traffic in the future.

Obviously,  this work needs to be done while the water level is low. Once the fall rains start and the lake level starts to rise, it will be too late. The water level is currently a little over 65″ below the top of the dam, about 2″ lower than in the photograph above which was taken last summer in July. To that end we have tentatively scheduled a work session (I prefer to call it a party) from 10:00 AM to 2:00 PM on Saturday August 27th to do the rock clearing and we’ll be looking for volunteers to help with the project. Many hands will make the work go quickly! In the next day or so we’re going to send an email mailing to Clary Lake Association members to drum up interest in helping with this project. There are a number of ways you can help with this project. If you’re interested in participating in the actual rock moving or just want to come by, enjoy the event, have fun, and support us in this endeavor, please contact George Fergusson or give me a call at 207-549-5991.

Since we’re going to be splashing around in 6″ to 12″ of water, we’ll be doing this work rain or shine unless there’s an absolute deluge that day in which case we’ll put the work off until the next day. People interested in helping should wear rubber boots or sneakers because you’ll be getting wet. We also recommend gloves. We’ll have a few crowbars available for those recalcitrant stuck-in-the-mud rocks.

There’ll be a cookout around lunch time, and contributions toward this are welcome. It promises to be a fun event. We look forward to your participation!

24 July 2016 Centralmaine.com: Repair work begins on Branch Pond Dam

Picture of the Branch Pond dam and mill showing the upstream face of the dam. This picture was part of the Branch Pond Association’s 2008 Water Level Petition.

According to an article in today’s Kennebec Journal and Morning Sentinel by staff writer Madeline St. Amour, repairs have finally begun on the Branch Pond dam. Branch Pond and it’s dam are located in China and Palermo at the headwaters of the West Branch of the Sheepscot River and are subject to a water level order issued by the Maine Department of Environmental Protection in June 2014. The WLO was issued in response to a petition filed by the Branch Pond Association originally back in 2008. The petition was put on hold for 4 years to give the dam owners time to make repairs to the dam. No work was performed in that time however, and the petition process was restarted in 2012 about the same time as the Clary Lake water level petition was getting underway. I have remained in close contact with members of the Branch Pond Association over the past 4 years and I am pleased that DEP is now taking aggressive steps to enforce their Water Level Order, and happy for the Branch Pond lake shore owners who are finally seeing their efforts rewarded. Congratulations Branch Pond Association! Here’s the article:

I received a few phone calls this morning from Clary Lake shore owners who saw the article in this morning’s paper and wanted to know why DEP isn’t enforcing our Water Level Order with the same enthusiasm. This reaction is totally understandable. While there are many similarities between Branch Pond and Clary Lake, there are 2 very important differences. Continue reading

18 July 2016: Alarming Growth of Elodea Observed in Clary Lake

Elodea nuttallii in Clary Lake growing to the surface in 7' of water. Photograph by George Fergusson 15 July 2016

Elodea nuttallii in Clary Lake growing to the surface in 7′ of water. Photograph by George Fergusson 15 July 2016

Just when you thought conditions around Clary Lake couldn’t get any worse, well conditions got worse: anyone who has spent any time on Clary Lake this summer is all too aware of the explosive growth of Elodea in shallow areas around the lake. Rapid growth of this pond weed was a noticeable problem last summer and it has only gotten worse, not better. Elodea nuttallii is not a recognized invasive plant species in Maine but it is considered invasive in some jurisdictions including in Europe where it is a real problem. It’s an opportunistic plan in any case, and under the right conditions it can be very prolific. Clearly the conditions existing in Clary Lake now are about perfect to promote exuberant growth of this plant: lots of shallow water with a muddy bottom, plenty of nutrients, and lots of sun. Elodea growth has gotten so bad in some places that there are large mats of the weed on or just under the surface of the water, even near the middle of the lake. I took the above picture about 1400′ off the south shore of the lake- almost 1/3 of the way across to the other side- in 7′ of water. Normally the water would be 12 feet deep here, too deep to support the growth of Elodea. Now, with the lake level down 5 feet below the top of the dam, conditions are perfect. Everywhere you go it seems you’re seeing Elodea at or just below the surface. You’ll find more pictures in the Spring/Summer 2016 photo gallery. Continue reading

07 July 2016 Loon Update: Nest OK, Still No Chicks

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2016 Fourth of July fireworks. It appears the fireworks displays around the lake on Monday night did not disturb the nesting loons which were observed calmly nest-sitting the next day. Photograph by George Fergusson.

[dropcap]Like[/dropcap] a nervous parent, I have been checking the loon nest every day lately, and sometimes twice when I get the chance. This morning I observed one of the loons sitting on the nest but there is no evidence yet that the eggs have hatched. As near as we can tell the nest was established sometime around the 6th or 7th of June- at least that is when Randy and Arlene Wing first noticed the pair of loons hanging out around the nest site. Exactly when the nest was completed and the eggs laid is not clear but they were seen sitting on the nest by June 11th. That was 27 days ago. With a gestation period between 26 and 30 days, the eggs could hatch anytime. Continue reading

22 June 2016: Loon Nest Update, New Pictures Added to Site

Nesting Loon, Clary Lake, June 2016. Photograph by George Fergusson 22 June 2016

[dropcap]The[/dropcap] nesting Loons are doing fine and it appears that people are respecting the bird’s need for privacy and not venturing inside the LOON AREA signs. I stopped by today to try out my hastily-fabricated telephoto lens arrangement and took some pictures of the loons that came out rather well I think. Though it looks like I was right on top of them, I wasn’t. Not even close. From where I was set up on the lawn looking down on the nest, my range finder said I was about 390′ away from the nest. The loons barely took notice of me. The pictures were taken with a 6″ f/5 Newtonian reflector telescope which I normally use for observing stars, planets, comets, and nebulae. I hooked my digital Nikon D3300 camera up to it which gave me what amounted to a 762 mm focal length telephoto lens. By adding a 2x barlow lens I was able to double that to effectively a 1524 mm focal length telephoto lens. Continue reading

22 June 2016: Superior Court Update: WLO Appeal Stayed, Procedural Order Issued

[dropcap]The[/dropcap] judge handling the appeal of the Clary Lake Water Level Order (AP-2014-01) has issued a Procedural Order based on the results of the Status Conference held back on June 7th. The Order is dated June 17, 2016 which was last Friday. The Order specifies a deadline of August 19th by which time the State should have filed the administrative record as well as their request for discovery. The real surprise in the Order is that contrary to what I had been told and contrary to what had I reported at the time (see: “Update on Superior Court Action“), the proceedings HAVE been Stayed, yet again, until August 1st. I had been assured by Assistant Attorney General Scott Boak when I spoke to him the day after the Status Conference that the suit had not been stayed so I expect the fact that it has now been stayed will come as much of a surprise to him as it did to me. No reason for the additional stay has been given.

Continue reading

18 June 2016: Loon Nest Update

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A loon sitting on the nest, trying to maintain a low profile. I took the picture from Randy & Arlene Wing’s shoreline. Their place is admirably suited for observing the nest without disturbing the loons. The water level at the time this picture was taken was a little over 56″ below the top of the dam. Photograph by George Fergusson 18 June 2016

46th Annual Maine Lakes Conference Coming Up June 25th

The Maine Lakes Society (formerly the Congress of Lake Associations or COLA) is holding their Annual Maine Lakes Conference on the 25th of this month. The itinerary, as usual, looks excellent. The Clary Lake Association is a long-time member of the Maine Lakes Society. For years the annual COLA conference was attended by Association Member Ed Grant. I’ve made a point of going in recent years and I always learn something new. I’ll be going to this one. The cost is $35 which includes lunch.

Here’s the email notice I received about this event:


We invite you to join us at the 46th Annual Maine Lakes Conference on Saturday, June 25th, at the Unity College Center for the Performing Arts! 

Keynote Speaker Holly Ewing of Bates College

This year we look to the future of Maine lakes monitoring and protection, and the myriad ways citizens can get involved in lake protection.  Our Keynote Speaker, Holly Ewing of Bates College, will introduce us to the latest research on  Gloeotrichia echinulata blooms and GLEON, the Global Lake Ecological Observatory Network, which is helping scientists and citizens alike better understand and communicate the way lakes are responding to our changing climate. Afternoon workshops on citizen science, lake and fisheries restoration, the latest on LakeSmart, new partnerships with Maine Audubon’s Stream Smart and LoonSmart programs, translating science in your outreach products, and hands on workshops offer diverse learning experiences at a great new venue in Unity, Maine.

 
 
 Additional Workshops include:
  • Cyanotoxins and Maine’s developing Public Alert System for Harmful Algal Blooms
  • What’s that stuff in the water? The appearance of metaphyton and other algae in our lakes and ponds
  • Long term, statewide collaborative lake monitoring efforts 
  • Special guest Friends of Lake Winnecook
  • The latest “Get Smart” tips from LakeSmart and Stream Smart
  • Hands on instruction with lake monitoring technology
  • Our new partnership with Maine Audubon’s LoonSmart Program
  • Creative tools for translating water quality data into meaningful communications
  • Lake and fisheries restoration efforts
  • Nature Journaling ~  Fish Identification  ~   Art Exhibit
  • Lunchtime breakouts: Council of Lake Associations Annual Roundtable, Camp Care, and Invasive Plant Monitoring FAQ’s
The annual conference will be at the fabulous Unity College Center for the Performing Arts nearLake Winnecook in Unity, Maine. Keep an eye on our Facebook page and website for more information on presentations and speakers. We are also still welcoming conference sponsors!
We hope to see you there!
 
 
Cheryl Daigle
&
Maggie Shannon
Executive Director
 
Program Director, LakeSmart & Policy
Maine Lakes Society
P O Box 447
Belgrade Lakes, Maine 04918

207-495-2301

08 June 2016: Update On Superior Court Action

After attorneys with PretiFlatherty representing the dam and mill owners failed to produce a plan to repair the Clary Lake dam by last week’s June 1st deadline, people were concerned that they had come to some agreement with DEP to give them more time to respond. Also, the current Stay on the Proceedings in Superior Court ran out on June 1st as well, and we’ve all been wondering if another stay was going to be granted which would further delay the resumption of court action. With a Status Conference in Superior Court with Judge Billings scheduled for June 7th, we didn’t have long to wait for answers. I spoke with Assistant Attorney General Scott Boak this morning about what happened at yesterday afternoon’s Status Conference and he said there was no agreement between Preti and DEP going into the meeting, and the proceedings have NOT been stayed. Neither the State nor the Judge are interested in further delays.

Continue reading

07 July 2016: Medius L3C Late-Files Their Annual Report

mediusA quick update to an article from a couple of days ago: Medius L3C, finally filed their 2016 Annual Report. The Secretary of State’s Interactive Corporate Services website shows the Annual Report as having been filed on June 3. The deadline for filing was June 1. Better late than never I always say.

Medius L3C, the company that currently owns the mortgage on the Clary Lake dam, remains shrouded in mystery as the Annual Report doesn’t provide any information we didn’t already know, which is to say, not much. The “authorized company representative” provided is the current Registered Agent, Attorney William Logan of Wiscasset Maine. The company logo at left from the “Company Statement” provided to people attending the dam auction last January 29th (see: 01 February 2016: About that Dam Auction).

Nothing to see here folks. Move along.

02 June 2016: Medius L3C fails to file Annual Report

According to a representative at the Bureau of Corporations, Elections and Commissions, the current holder of the mortgage on the Clary Lake dam, Medius L3C, has failed to file their required 2016 Annual Report by the June 1st deadline. This oversight will cost them $25.

Medius L3C has been shrouded in mystery since the corporation was formed back on March 18, 2015, and today, almost a year and a half later, still little is known about the company. The company has no place of business, no phone number. The owner of the company is unknown; the members, if any, are unknown. It does however have an email address: mediusl3c@gmail.com. The company has had 4 Registered Agents since it’s inception 14 months ago, 3 in fact in the past 7 months. The current Registered Agent is Attorney William Logan of Wiscasset who, ironically, was the Registered Agent for the Clary Lake Association when it first incorporated back in 1995 during the Presidency of Arthur Enos. Inquiring minds have been waiting (patiently!) for Medius to file their Annual Report to find out just a little bit more about the company. I guess they’ll have to wait a little longer.

There can be little doubt that the company was formed for the express purpose of taking over the note on the Clary Lake dam from Art Enos (see “Mortgage Assignment“) with the ultimate goal of owning the dam outright through a Power of Sale foreclosure (see: “03 February 2016 Lincoln County News: Result of Clary Lake Dam Auction Unknown“). That didn’t work, and by all accounts, Paul Kelley/PPM are still the record owner of the dam.

What happens now is anybody’s guess.

2016 Clary Lake Association Annual Meeting Scheduled

This year’s Annual meeting of the Clary Lake Association will be on Saturday, August 6th at 2:00 PM at the home of Erin Grimshaw and Christina Bishop (and their three sons) located at 739 Gardiner Road (aka Route 126) in Jefferson. Their home is located about 1/3 of a mile west of (towards Whitefield) the intersection of Route 126 and 215. Most of you will know the place: this is the house at the lower end of the old MacDonald hay field overlooking Clary Lake (picture, below left), and at the end of a looooong driveway. Andy Goss built it a few years ago; Erin and Christina have owned it since 2013. Here’s a Google Map showing the location. If you need help finding the place call 207-549-5991 for directions. The rain date, on the off chance it is raining on Saturday, is the same time, same place, next day. I can’t remember the last time the Annual meeting was rained out. I don’t know if it’s ever happened.

DSC_0502 (Custom)As usual, there will be a pot luck supper at the conclusion of the meeting so bring your favorite casserole, salad, desert, bread, dip, road kill, or what have you and plan to stay awhile and socialize.

We’ll be sending out the 2016 Spring/Summer Newsletter in a couple of weeks or thereabouts, and will include some additional information about the Annual meeting and what to expect. Included in the newsletter will be a membership form for the upcoming 2016/2017 membership year. Dues are still only $25 per year and the membership year runs from annual meeting to annual meeting, therefore in order to be able to participate in this meeting, you have to be a paid-up member for the coming year.  We encourage you to mail in your membership form prior to the annual meeting. A lot of you like to renew your membership at the meeting, and that is fine too but we ask that you come a early to register and get settled as we have a lot of business to conduct and will want to start the meeting promptly at 2:00 pm. The registration table will be setup by 1:00 pm. Continue reading

21 May 2016: Clary Lake Water Quality Monitoring Resumes for 2016

IMG_20160520_084140 (Custom)On Friday May 20th David Hodsdon and I (Jack Holland was not able to join us) were finally able to resume Clary Lake Water quality monitoring for 2016 albeit a month later than we had planned, but still within the allowable time frame. Better late than never as the saying goes. We had originally planned on starting a month ago, but our YSI Pro 20 digital dissolved oxygen meter which the Association purchased through donations a few years ago failed to pass routine calibration which is performed each spring by Maine VLMP technicians. They first thought the problem was a bad probe but swapping it out for a known-good probe didn’t solve the problem. YSI Technical Support suggested it might be water in the cable connector housing so they let the unit sit around disassembled for a few days to dry out. After that it started working intermittently. They ran some more tests on it over the next week finally certified it for use with the instructions to “keep an eye on it.” We got it back midweek last week.

This first time out, the DO meter worked flawlessly (and we hope it continues). With a secchi disk reading of 4.1 meters (13.25′) the water clarity is excellent, and about normal for this time of year. But be warned: it’s early in the season yet, and the water quality can and will deteriorate. The lake has yet to “stratify” meaning that it is pretty homogenous (well mixed) and there is no thermocline yet: the temperature from the surface to the bottom only varied 2.5° Celsius. This means that if you were to go swimming now you’d think the whole lake was cold, not just 6′ down like during the summer. Likewise, the dissolved oxygen reading only varied 2.6 mg/l from surface down to 7 meters. Continue reading

21 May 2016: Clary Lake Dam’s Gate Almost But Not Quite Closed

IMG_20160521_094122 (Custom)Late last Thursday afternoon for reasons known only to himself, the Clary Lake dam owner closed the dam’s gate to within about 7″ of completely shut. As you can see from the picture at left, there’s still quite a bit of water flowing out of the lake but the mill pond behind the dam has considerably more water in it than when the gate was wide open. However, while the water may be backing up behind the dam, the lake level is still falling about 1/4″ per day. Remember, water only flows down hill and there is a mile and a half of meandering channel down which the water has to flow to get from the lake to the dam. With the gate wide open and the lake this low, I suspect the water level right at the dam itself has been as much as 2 feet lower than out on the lake, perhaps even more. I’ve actually measured a 3″ difference when gate was wide open and the lake was almost full. Albert Boynton whose family owned the dam in the 1920’s and who was actually born in the little red house on the dam told me once that after a morning of sawing lumber, the upper mill pond would have fallen considerably; when they returned from dinner, it would be full again.

Continue reading

05 May 2016: Black Crappies firmly established in Clary Lake

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Black Crappie

Well, we knew that. We’ve known for a while now that Black Crappies were being caught in Clary Lake, and I’ve written about before (see: 28 May 2015: A Black Crappie caught in Clary Lake) but I had not actually caught one myself until yesterday when I hooked this 11″ specimen. Unlike the bass that I catch, I kept this one and had it for dinner last night. It was not bad.

Black Crappie are firmly established in most waterways in other parts of the country, especially down south (in Louisiana they’re called “Sac-a-Lait”) and they are generally considered to be an excellent pan fish, good eating with firm white flesh. However, here in Maine they are considered an invasive species and they are not native to Clary Lake (for that matter, neither are large and small mouth bass which were introduced in the late 1960’s and early 1970’s). Apparently sometime in the last 10-15 years someone introduced them into Clary to “improve” the fishery. It’s clear from the size of this one that we’ve got a firmly established breeding population of Black Crappie in Clary Lake.

I sent a picture of the fish I caught to Jason Seiders, a fisheries biologist with the Department of Inland Fisheries and Wildlife and he responded that his staff will be conducting surveys of the Sheepscot River drainage this summer, focused mainly on assessing bass populations and confirming the presence of black crappie. Black Crappie are a very prolific fish and they can pretty much take over a water body. It is believed that they will likely affect Clary’s small mouth bass population the most.

Jason Seider’s final advice: don’t be afraid to keep all the Crappie you catch. For what it’s worth, I caught this one on a 6″ rubber worm but I expect you’ll be able to catch them on about anything you throw in the water.

02 May 2016: State Agrees to AQF Request for Stay of Proceedings

[dropcap]Back[/dropcap] on April 20th I posted about how Aquafortis Associates LLC (“AQF”) filed yet another Request for Stay of Proceedings in the matter of the ongoing appeal of the Clary Lake Water Level Order (see: “Lawyers for Kelley, Smith file Yet Another Motion For Stay of WLO Appeal“). That latest Request for Stay was dated April 14th and requested a stay of proceedings until June 1st to give the parties additional time to try and arrive at a settlement. When I reported on this matter, the State had not yet responded to the Motion though I anticipated that they would not object to the stay request. On April 22nd they did respond, and as expected, they did not object. Continue reading

20 April 2016: Lawyers for Kelley, Smith file Yet Another Motion For Stay of WLO Appeal

Attorneys for Aquafortis Associates LLC (“AQF”) have filed another Motion For Stay of the WLO appeal until June 1st. The motion was filed on April 14th and states that AQF, Pleasant Pond Mill LLC (“PPM”), and the Department of Environmental Protection have been cooperatively working to resolve the issues that are the subject of Aquafortis’ appeal of the Department of Environmental Protection’s (“DEP”) Water Level Order for Clary Lake Dam (“CLD”), including issues that impede repairs to the CLD.” Continue reading

29 March 2016: Aquafortis Associates LLC Files Amended Petition in Superior Court

Attorneys for Aquafortis Associates LLC have finally filed an amended petition in the Superior Court appeal of the Clary Lake Water Level Order. You may recall that back on January 25th the Court issued an Order granting the State’s Motion to Dismiss and gave Aquafortis Associates, LLC 21 days to file an amended petition. Rather than filing the amended petition, they instead appealed the Superior Court ruling to the Law Court on February 16th, followed not quite 2 weeks later by Requests for Stays of Proceedings of both the appeal and the underlying Superior Court action. The appeal was subsequently dismissed by the Law Court on March 1st, and the 30 day stay requested on February 16th ended last Saturday, March 26th. The amended petition was filed yesterday, March 28th. Yes, it has taken a lot longer than 21 days for the amended petition to be filed; the reason for this is explained quite well in the cover letter accompanying the amended petition. Here’s the amended petition; it’s 23 pages and a rather large file, but interesting reading:

The most significant thing about this amended petition for me is that Paul Kelley and his company Pleasant Pond Mill LLC are not parties to it. This is because the Court’s January 25th Order granting the State’s Motion to Dismiss resulted in Mr. Kelley being removed from the proceedings. With that exception, this amended petition is not a whole lot different from the proposed amended petition filed with the court last summer.

So what’s been going on?

Continue reading

20 March 2016: IFW Commissioner Opens Fishing Season Two Weeks Early

DSC_1146From the Department of Inland Fisheries & Wildlife webpage:

Effective Thursday, March 17, the 2016 Open Water fishing season began, two weeks earlier than usual, per an amended rule by the Commissioner of the Department of Inland Fisheries and Wildlife.”

“The amended regulation allows bodies of water that were closed to open water fishing until April 1, 2016 to become open to open water fishing effective March 17, 2016.”

“Anglers throughout the state may now get a chance to enjoy the early spring by fishing on their favorite waterway earlier than usual.”

The two men who hit Clary Lake last Friday (picture above) no doubt wish they’d waited for warmer weather! The wind coming down the lake was very strong and bitterly cold, causing them to quit fishing early. The waves were breaking over the back of the boat as they were trying to maneuver it onto the trailer. At least there was enough water for them to launch and retrieve their boat.