Category Archives: News

News from around the lake.

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

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.