Category Archives: News

News from around the lake.

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  The Department has reviewed and considered your Motion and determined that Procedural Order #9 will not be withdrawn or reconsidered.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: 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.

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.

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.

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 →

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 →

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