Category Archives: News

News from around the lake.

21 September 2013: Pemaquid Paddlers follow the call of the loons on Clary Lake

canoeHere’s an interesting news item. I got home this morning to find a page from the September 19th issue of the Lincoln County News sitting on my dining room table with a short news item on page 11A highlighted for my attention. Apparently the Pemaquid Paddlers (never heard of them before) are planning to descend on Clary Lake next week. I have no idea how or why they selected Clary Lake for their loon-commune experience or how many paddlers they’re expecting, or for that matter whether they’re aware of the low water conditions they’ll encounter in the channel- or the drained wetlands:


Pemaquid Paddlers follow the call of the loons on Clary Lake

On Tuesday morning, Sept. 24, the Pemaquid Paddlers will mingle with the loons and other wildlife on Clary Lake, a great pond of almost 680 acres straddling Whitefield and Jefferson. Continue reading

24 August 2013 Lincoln County News: Montsweag Dam inspection report is in

finger-in-dikeDavid Hodsdon sent me an article from last week’s Lincoln County News about a recent inspection of the Montsweag dam in Wiscasset. The inspection was conducted by Wright and Pierce Engineering Company. Of particular interest is the last paragraph which describes the permitting requirements for the making the repairs:

“The inspection report of the dam indicates the repairs discussed in the report would be exempt from DEP regulatory permitting under the Maine Natural Resources Protection Act providing the activities do not require dredging of sediments and all improvements will take place within the footprint of the dam. Should dredging activities or other improvements change the dimensions of the Dam below the high water mark it would require review and permitting with both the Maine DEP and the Corps of Engineers, according to the inspection report.”

Continue reading

23 August 2013: Branch Pond Water Level Petition goes to Public Hearing Today

talking-heads-customBranch Pond Water Level Petition goes to Public Hearing today, the hearing is at the China Elementary School in China on Route 9. The hearing starts at 9 AM and runs ALL DAY and into the night with the public-comments section starting at 6 PM. I’m going to attend it for a while this morning but I have some other responsibilities to attend to later in the day.

 

15 August 2013 Lincoln County News: DEP and DLWA discover hydrilla outside Cranberry Cove

2009hydrillacroppedneansAn article in this week’s Lincoln County News reports that the DEP and DLWA (Damariscotta Lake Watershed Association) representatives have found the invasive plant hydrilla outside the cove in which they had hoped it had been confined. Hydrilla which is one of the most notorious of the invasive plant species found in Maine was discovered in Damariscotta Lake some years ago. Efforts have been underway to confine and remove the plant. This is the first time the plant has been found outside the confinement area since 2009. The thumbnail at left is a stock photo of hydrilla which looks a lot like the common, non-invasive plant of species Elodea which is found in Clary Lake.

DEP and DLWA discover hydrilla outside Cranberry Cove

This is disturbing news because Damariscotta Lake is only a few miles down the road. We’ll be posting more information about invasive plants in the very near future.

13 August 2013: Loon crash lands on Route 215, ends up at Avian Haven

Loon RestingI got a phone call today while making lunch that made me turn down the radio and ask if I’d really heard what I thought I heard. Jack Holland called to tell me that his son Taylor and a friend had found a loon that had been “hit by a car” somewhere over by the State boat launch. I grabbed my camera and headed over but I was looking for someone with an injured loon on the side of the road, not a concrete forms truck parked in the driveway leading to Clary Knoll Farm. I should have stopped to ask because that was them. Jack called me again and confirmed that was them so I headed back over and found they had just made the hand off to some volunteers from Avian Haven, a wild bird rehabilitation center in Freedom. The bird had been found sitting in Route 215 near the end of the Sennott Road.

I spoke briefly to the people who had come to pick up the bird but they had already put it in the back of the car and obviously wanted to get going. They told me to contact Avian Haven. I did when I got home, sending them an email. I received the following response a bit ago: Continue reading

23 July 2013: Video of WGME Channel 13 News Marissa Bodnar Interview on Clary Lake Petition

The video that was at this link was missing the first 50 seconds of the segment and has been superceded by a better, complete video provided by David Hodsdon which is in the process of being uploaded to YouTube now.

Here’s the new video:

24 July 2013: UPDATED Video of WGME Channel 13 News Marissa Bodnar Interview on Clary Lake Petition

 

23 July 2013: Channel 13 News doing a story on Clary Lake Water Level Petition

channel_13_news_crew01Channel 13 News is doing a segment on the Clary Lake water level petition that is supposed to air tonight at 6 PM. I got a call this morning from Marissa Bodnar, news reporter for Channel 13. She and her camera man Mike came by around 1PM and interviewed me, took a look at the lake, then headed over to the dam to meet up with Paul Kelley and get his side of the story.

20 July 2013: 2013 Audubon Loon Count completed

iheartloonsMary and Ernie Shaw completed the 2013 Audubon Loon Count this morning. While they headed east from their place along the south shore, my wife Margaret and I headed up the west side and the along the north shore. We met up not far from Ed Grant’s place and stopped to compare notes. The loon count takes place all over the State between 7 am and 7:30 am on the 3rd Saturday of July and includes more than just the number of loons counted. Mary will be giving a report on the count at the Annual meeting.loon_count_20july2013 We counted only 2 loons this morning though as many as 6 have been seen in recent weeks. When they’re nesting, one pair is about normal for a lake the size of Clary but they’re not nesting this year and it appears they’re rather more sociable when that is the case.  I have no idea where the other loons were this morning, likely off visiting another lake. They do fly around a fair bit more than I ever knew- I was told when I was growing up that loons landed in the mary_shaw_20july2013spring and never flew again till they took off in the fall. I now know this is not the case. There are a few more pictures from the loon count in the Summer 2013 Album.

17 July 2013: Land for Maine’s Future Project – Clary Lake

confused-monkey1I received an email today from a fellow with the Natural Resources Council of Maine. He was looking to update the listing for Clary Lake on the Land for Maine’s Future Projects page and wanted us to review the current listing:

Clary Lake

Clary Lake is a popular destination for boaters and anglers. With funds from the Land for Maine’s Future program and the U.S. Fish and Wildlife Service’s Sport Fish Restoration Program, the Maine Department of Inland Fisheries & Wildlife (IF&W) secured funds to acquire a site that provides permanent and safe access for motor boats and hand-carry craft, as well as bank fishing and swimming.

Clary Lake is a popular destination for fishing year-round, offering bass and perch as well as occasional brood stocks introduced by IF&W. The State purchased this parcel and built the access site to replace one across the lake that had a dangerous configuration (being located on a curve at the base of a long hill). The access site is owned and managed by IF&W.

Return to Land for Maine’s Future projects list.

Sounds idyllic doesn’t it. I emailed him and let him know that the State boat launch highlighted in the narrative is currently unusable due to low water conditions and that the future of Clary Lake is facing a serious challenge from a dam owner who just doesn’t give a dam. I don’t expect them to update the listing. Got to put a good face on it, know what I mean?

Anyways, I’ve added a link to the Natural Resources Council of Maine on the Links & Resources page. FYI, I was unable to actually find the Programs page without using the link provided.

11 July 2013 Kennebec Journal: Clary Lake property owners putting hopes on water level management plan

newspaper-salesman-1flip-customPaul Koenig has written another article which has appeared in today’s Kennebec Journal. Paul and I spoke several times over the past few days about the closing arguments that Kelley and I submitted last Monday. I hadn’t expected the article to be published until tomorrow. Many thanks to Brandon K. for bringing it to my attention.

Here’s a link to the online version:

It’s a good article; I have been pleasantly surprised in recent months with the coverage we’re getting from the local papers. Kelley is striking out at every turn, you’d think he’d read the handwriting on the wall and start taking a different, more conciliatory stance; his endless strident objections are falling on deaf ears. The Department is going to slap an order on his breached dam and it’s not going to specify a water level that is 2.7′ below the hole in his dam. Why he thinks the condition of the dam is relevant to the determination of a suitable water level for Clary Lake, I have no idea. He’s making that part up, along with a whole lot of other stuff. There is a way out of this mess he’s in but he’s just too damned stubborn, spiteful, and vindictive to consider it.

08 July 2013: Pleasant Pond Mill LLC Final Brief, Clary Lake Water Level Petition

darth_vader-customAt 4:36 this afternoon Kelley filed his closing arguments with the Service list. It consists of 2 documents which his cover email describes as “the Final Brief of Pleasant Pond Mill LLC in the Clary Lake Water Level Proceeding, accompanied by an Exhibit comprised primarily of DEP Communications obtained under the (second) Freedom of Access Act, as well as a few pages from State of Maine databases, of which PPM believes it important that the agency take judicial Notice.” I haven’t read them yet. I’m sure I’ll have some comments when I’m done… I’m afraid, knowing Kelley, it’s going to be tough sledding to get through them.

27 June 2013 Lincoln County News: State Inspector visits Clary Lake dams, DEP sets comment deadline [UPDATED]

paperThere’s an article in this week’s Lincoln County News by Shlomit Auciello about the State Dam Inspector’s visit to the Clary Lake dams back on the 18th as well as describing the recently released Procedural Order 7. All of this has been covered here. The article is not available online to non-subscribers. Sadly, my printer/scanner fried a few days ago so I can’t scan it and post it. If you want to read the article you’ll have to buy the paper. If anyone out there has a subscription and is willing to “print it” to a PDF and send it to me, that would be appreciated.

[UPDATE] Well it turns out I can’t just live without a printer/scanner/fax so I went and bought an HP Officejet Pro 8600 Plus printer/scanner/fax. It’s sweet. Here’s the article:

22 June 2013 Lincoln County News: Lake association calls for speedy decision on water level

newspaper_bw-customA short and sweet article in this week’s Lincoln County News by Shlomit Auciello about the Clary Lake Association’s short and sweet motion to set a deadline for submission of Findings of Fact and Conclusions of Law. The actual motion was filed by Bob Rubin, counsel for the Association back on June 12th. We have not yet received a response from DEP nor has Kelley filed an objection to it.

17 June 2013 [UPDATED] Investigative Reporting: DEP in the (unwelcome) spotlight

hear-see-speak-no-evilMany of you have no doubt seen the recent articles in the Newpapers (Portland Press Herald, KJ, etc.) about DEP’s alleged “speak no evil, see no evil, hear no evil” approach to environmental regulation these days as in “looking the other way”, “sitting on their hands and doing nothing”, and generally “dragging their feet” on various issues. The allegations mostly involve land use and chemical industry issues with Big Money behind them. The highlight of the first article is how DEP failed to meet a deadline for submission of documents related to water levels associated with a hydropower licensing action on Long Falls dam on Flagstaff Lake, to the decided detriment of the town of Eustis. DEP claims it was an oversight. Here’s part 1 and 2 of a 3 part series:

Here is another article along the same vein by the same reporter, Colin Woodard:

The paper has printed an editorial (on the front page even) which is pretty good:

[mw-ip-deny deny=”76.179.6.54,71.173.72.205″]For those of you who attribute lack of movement on the Clary Lake water level petition to DEP intentionally dragging their feet, I disagree. There is one very good reason why this petition is taking so long: one very loud and ornery man with a grudge: I blame Paul Kelley for the delays, plain and simple. There is no “Big Business Lobby” on the other side of this petition to explain why things are taking so long. [/mw-ip-deny]

10 June 2013: Petitioner Response to PPM revised response

Dear Ms. Parent:

Petitioners have no objection to this revised response. Everyone makes mistakes once in a while and within reason should be allowed to correct them. However, blaming you for making him do it, and seemingly mocking you in the process I find offensive. Furthermore, having re-read Procedural Order #5 I can see nothing in the wording of the Order to suggest that you have anything to apologize for or anything in it to justify Mr. Kelley’s imagined concerns over Department attitudes toward him or his counsel. Therefore I object to his suggestion that you review or revise the Order in any way. Mr. Kelley is imagining things. 

I would also note for the record that Mr. Kelley’s statement that the revision consists of “a few minor changes to the first paragraph on page four” is incorrect; footnote 10 has been changed:
 
From:

“See 38 MRSA §840(4)(B) regarding the issue of safety and §840(E) regarding accommodation of precipitation and run off of waters.”

To:

“See 38 MRSA §840(4)(B) regarding the issue of safety and §840(E) regarding accommodation of precipitation and run off of waters. An application for a new dam must be allowed if a water level is ordered.

I’m not sure to what that change refers.
 
Respectfully,
George-
— 
George Fergusson <gsfergusson@gmail.com>
Whitefield, Maine 207-549-5991
“Dulcius ex asperis”

07 June 2013: Tropical Storm Andrea expected to drop a lot of rain

Tropical storm Andrea is headed north, hot on the heals of an  unnamed low pressure system loaded with moisture and it’s all headed this way. The NOAA Graphical Forecast for Maine for the next 24 hours is forecasting 2.5″ to 3″ of rain from this combined weather event, most of it falling tonight and into early Saturday morning. Possible locally higher amounts likely. Rainfall amounts have been steadily revised upwards since last night; a lot depends on how far off the coast Andrea tracks. If it remains closer to the shore, rainfall amounts could be significantly higher. This forecast is more or less consistent with this morning’s Channel 6 News Center weather report. There is a flood watch in effect for Lincoln County from this evening through Saturday afternoon.

The lake level has dropped about 8″ from a high of about -31″ below the top of the dam on May 31st to about -39″ now. This rain should more than replace what has been lost in the last week. I for one am thrilled.

Careful out there folks.

06 June 2013 Lincoln County News: Whitefield Residents Reject Pursuing Clary Lake Dam Ownership

kelley_at_micBack on 31 May the Lincoln County News posted an article on their website by Dominik Lobkowicz about the Whitefield Public Meeting to consider and act on the issue of dam ownership. Somehow I missed it at the time. It looks like this article and an addendum by Shlomit Auciello appeared in this weeks paper. That has not appeared on line yet but I assume it will by later today. Here’s the 31 May article:

05 June 2013 Lincoln County News: DEP denies request for comment extension

newspaper_bw-customThere’s an article in this weeks Lincoln County News authored by Shlomit Auciello and Dominik Lobkowicz which covers both the Whitefield Public Meeting held on last May 30th and DEP’s 04 June denial of Paul Kelley’s motion for extension to the existing comment period. The article, which does a good job of covering the details, hasn’t appeared in the online version of the paper yet. I expect it will be on the website tomorrow at which time I’ll post a link.

04 June 2013 DEP Procedural Order 6: Kelley’s Motion for Extension Denied

denied-customIn a surprise move barely 30 minutes after Paul Kelley reiterated his desire for an extension, DEP issued Procedural Order #6 denying Pleasant Pond Mill LLC’s recent motion for an additional extension to the current comment period. It was sent to the Service list by Mark Margerum in Beth Callahan’s absence.  The order was signed by Heather Parent and includes an updated Service List. To summarize:

The Department finds that the potential future inspection of the Dam by MEMA or any other dam inspector is not sufficient reason to delay these proceedings. The Department further finds that PPM has not established sufficient justification for a second extension of the comment period.

This notwithstanding a last-minute desperate attempt (complete with veiled threat) from Paul Kelley, sent by him to the Service list almost exactly 1/2 hour before the release of Procedural Order 6. In his email cover letter addressed to Dawn Hallowell, Kelley states (emphasis mine):

“The June 7 (this Friday) deadline fast approaches for party comments on MEMA’s clearly incomplete/erroneous post-hearing position. PPM respectfully asks for an expeditious answer from you or Ms. Parent, obviating the need for PPM to either comment without relevant data, or to take other immediately available steps to ensure that issues of safety are properly addressed. Thank you.”

Well that sure sounds like a veiled threat to me.  I wonder what “other immediately available steps” are? I’m sure we’ll find out. Anyways here is Kelley’s reply to my objection to his extension request:

Kelley continues his rant about dam safety, pulling out all the stops, and ends with a request for a “timely answer” to his motion for extension. Well he got it, 30 minutes later. I’d call that timely 🙂 Clearly, DEP doesn’t agree with him. I think I may move Kelley’s reply to my objection into a separate post so I can give it more attention.

FYI I separated out the Service List from the Procedural Order and I am making it available here for those of you who with a program and want to stay current 🙂