There’s an article in this week’s Lincoln County News by Staff Reporter Abigail Adams about the Petition we filed with DEP on Monday, August 21st. It’s a detailed and timely writeup. Ms. Adams includes a comment from David Madore, DEP Spokesperson, to the effect that “the petition is under review.” The CLA Board has yet to get a response to the Petition from the Commissioner’s office.
I’ve archived a copy of the article should you have trouble getting it off the paper now, or in the future:
My wife Margaret has been helping setup and run the new Whitefield Public Library at the Arlington Grange. This is a great resource for the town:
One of our Facebook followers posted the following article to our Facebook page. An interesting read. There are some clear parallels between the situation facing David Pond shore owners and that facing Clary Lake shore owners, but there is a clear and distinct difference: Clary Lake shore owners and friends of Clary Lake (with 2 exceptions, who shall remain nameless) are united in their opposition to the dam owner’s water level management:
Fayette’s David Pond losing water, alarming property owners who want action
Lincoln County News staff writer Abigail Adams attended the May 1st bankruptcy meeting of creditors and has written an article about it appearing in this week’s Lincoln County News. It’s a good, factual article but like the recent article in the Central Maine Papers, it incorrectly states that “Medius L3C foreclosed on the dam and held an auction for it in January 2016.” It would be more accurate to say that Medius L3C tried to foreclose on the dam, but failed. Had the foreclosure been successful, someone other than Pleasant Pond Mill would own the property now.
This confusion over foreclosure does nothing to detract from an otherwise accurate and well written article, and I am grateful that the Lincoln County News and the Central Maine Papers are helping keep this slow-motion train wreck in the news:
A new Central Maine Papers article by KJ staff writer Jessica Lowell appeared on-line last night and will be in today’s print edition. It is about Pleasant Pond Mill LLC’s [PPM] mind-boggling decision to file for bankruptcy, it also contains the necessary background to acquaint the reader with the basic facts of the story if they’re coming into this mess cold. The article contains a few mistakes (alternative facts?) which however do nothing to detract from it’s otherwise accurate and fair reporting. You have to admit, after 5+ years, our story has gotten pretty hard to follow. This is the first newspaper article about Clary Lake in over a year, and in my opinion it is overdue (shift-click to open link in a new tab):
There is an article in the November 01, 2016 Central Maine Papers (Kennebec Journal, Morning Sentinel) about the Atlantic Salmon Federation (ASF) plans to play a role in the Branch Pond dam and mill site. Even after reading the article a couple of times I’m a little unclear exactly what the ASF intends to do at the site, but it appears they at the very least intend to build a fish ladder at the site and may be looking to purchase the dam and mill property outright or help with the removal and reconstruction of the mill building at another site. The dam and mill complex is currently owned by Stephen and Christine Coombs and is subject to a Department of Environmental Protection (DEP) Water Level Order issued in June of 2014. According to the article, the DEP and the Maine Emergency Management Agency (MEMA) entered into a consent agreement with the Coombs’ last spring. The ASF got involved with Branch Pond this past summer as part of their Maine Headwaters Project.
Branch Pond is a beautiful little pond at the headwaters of the West Branch of the Sheepscot River. We host a few pages for the Branch Pond Association on this website. Here’s a link to the online article:
Here’s a link to a locally archived copy should the above link fail for any reason:
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
Clary Ice Out
You’ll recall that the ice went out on Clary Lake on March 13th this year, the earliest since we started keeping records in 2001. Well there’s a great article in today’s Bangor Daily News about the potential impact of an early spring on lake water quality. Basically, warmer than usual weather coupled with an early ice-out result in water temperatures rising higher, sooner, and lake stratification taking place sooner as a result. Stratification is the process whereby the water in the lake separates into a warm, generally oxygen-rich upper layer and a colder, generally oxygen-deprived lower layer. You’ve all experienced lake water stratification when you jumped into nice warm water only to discover that 4′-5′ down the water is a whole lot colder. One impact of oxygen deficiency in a lake is the release phosphorus from bottom sediments which leads to algae growth. The article is short and informative and worth a read:
BDN: What an early spring means for Maine’s lakes
The excessively low water conditions we’ve been experiencing on Clary Lake for the last 5 years or so have also had a severe impact on water quality, compounding the effect of the normal seasonal lake water cycles, resulting in more, and more severe, algae blooms. This is in part due to severely diminished lake volume, loss of wetland habitat, and erosion and sedimentation of bottom sediments around the edges of the lake that normally would be covered by a protective 4′-5′ of water.
The CLA will be starting it’s water quality monitoring activities next week. There is water quality data for Clary Lake going back to 1975 (available by request). You can view the water quality data back to April 2012 online on our Clary Lake Water Monitoring data page.
Jefferson resident and Clary Lake waterfront owner Butch Duncan submitted the only bid at the auction for the Clary Lake Dam Jan. 29. (Abigail Adams photo)
There is a fascinating article in this week’s Lincoln County News by staff reporter Abigail Adams about the recent foreclosure and auction of the Clary Lake dam. I’ve read it several times and keep finding new things to ponder.
The big question of course, namely who is the new owner of the Clary Lake dam, remains unanswered. The article states that auctioneer Greg Dorr had indicated that the property would be awarded on Monday, February 1st. However, as of press time, neither Butch Duncan or Paul Kelley had been informed of the result of the auction and we’re left guessing as to who now owns the dam. The auctioneer was supposed to drop the bids off at the Yarmouth office of Medius L3C but it appears they never got there. What happened to Butch Duncan’s bid?
Having been involved with numerous real estate transactions and more than just a few foreclosure/auctions over the years in my role as a Professional Maine Land Surveyor, I can safely say that this situation is rather unusual.
Anyways, enjoy the article:
[dropcap]There[/dropcap] were two interesting articles about dams in the Central Maine Papers (Kennebec Journal, Morning Sentinel) this past weekend, one about the Clary Lake dam auction and another by staff writer Peter McGuire about the ongoing Branch Pond water level saga. There are a lot of similarities between the Branch Pond and Clary Lake situations: both petitions were quite contentious and neither Water Level Order has been implemented by the respective dam owners. Branch Pond received their Water Level Order back in June of 2013.
Branch pond is at the headwaters of the West Branch of the Sheepscot River, it’s a beautiful little pond half in China and half in Palermo (another similarity with Clary Lake). We host a few files for Branch Pond on our website.
My apologies for not posting something before this about yesterday’s auction of the Clary Lake dam, but I’ve been a little busy. I know there’s a lot of interest in who showed up and what happened. To start, there is an excellent article on the Central Maine Papers site this morning (the print editions being the Kennebec Journal and the Morning Sentinel) by Staff reporter Jessica Lowell that will answer some of your questions:
There is an article in this week’s Lincoln County News by staff reporter Abigail Adams about an informational meeting to be held by the Whitefield Selectmen for Clary Lake shore owners who filed property tax abatement requests this past fall due to the impact low lake levels have had on their property values. The meeting will be held on November 17th at the Select Board’s regularly scheduled Tuesday night board meeting. The article states that the aim of the meeting is to educate landowners about the town’s current valuation methods for waterfront property. Apparently some of the abatement requests were not considered because they were received after the deadline for filing them. Abatement requests have to be filed within 185 days of when the taxes are committed.
Assessor’s Agent Tom Hayes who is quite familiar with the water level issue plaguing lake shore owners stated that Whitefield’s valuation for shore front property is already “as low as it gets.” This is small consolation to property owners who can’t deploy their docks, launch their boats, go swimming, or otherwise use and enjoy the lake in the manner in which they have become accustomed. People trying to sell their property are finding it almost impossible because of the low water conditions on their shoreline. The low water conditions which have persisted more or less continuously for the last 4 years were especially worse this past summer due to the extremely dry conditions with the lake reaching levels lower than anyone can remember.
[dropcap]A[/dropcap] number of newsworthy things have happened this week, and of course I’ve been away and unable to update the website in a timely fashion. I’ll get caught up as soon as I can. To start, there is a lengthy article in this week’s Lincoln County News by staff writer Abigail Adams about DEP’s September 28th Notice of Violation. The article also covers the October 8th response filed by PretiFlaherty attorneys for Pleasant Pond Mill LLC (PPM) and Aquafortis Associates LLC (AQF) requesting the Department stay (put on hold) their enforcement action, pending the outcome of the appeal of the Water Level Order (WLO) in Lincoln County Superior Court. Ms. Adams interviewed a number of people for the story and includes quotes from Paul Kelley, Richard Smith, PretiFlaherty litigator Tim Connolly, and DEP spokesperson David Madore. I was also interviewed for the article, and accurately quoted.
The article contains a couple of misstatements worth pointing out. First the article states: “AquaFortis Associates was named alongside Pleasant Pond Mill in the petition, however the water level order issued in January 2014 only named Pleasant Pond Mill.” In fact, Aquafortis Associates was both named in the petition AND, along with PPM, as a party subject to the final Water Level Order. Continue reading
Paul Kelley standing in front of the Clary Lake dam. Photograph by George Fergusson, 8 August 2007
There is an article in today’s Central Maine Papers (Kennebec Journal, Morning Sentinel) by staff writer Paul Koenig about the letter written by Representative Sanderson and Senator Johnson last week (see: Representative Sanderson, Senator Johnson send letter to DEP). The article suggests the DEP has failed to protect Clary Lake by not taking enforcement action on the water level order issued by the Department over a year and a half ago, in late January 2014. The article acknowledges why DEP has not taken enforcement action, but that their failure to do anything nonetheless is “clearly in violation” of their legislative mandate to protect and prevent diminution of the state’s natural environment. Because the Water Level Order (WLO) is under appeal in Superior Court, if the DEP were to attempt traditional enforcement action, lawyers for the dam owner would likely request a stay of the Order from the court, and they would probably get one, because that’s how these things roll. However, the article points out that in light of the severe ongoing impact low water is having on Clary Lake shore owners and the sensitive lake environment, they are entitled to equitable relief in the form of a high water level while the court case plays out. Equitable relief as I understand it is a judgment that the Court would issue in lieu of the Department taking actual enforcement action. Actions by the DEP such as entering the property to physically implement the terms of the order are provided for in the statute.
The article quotes Paul Kelley, owner of the company that owns the Clary Lake dam as saying that one of the reasons why he can’t raise the water level of Clary Lake is because doing so “would expose Pleasant Pond Mill LLC to potential lawsuits from upstream and the owner of the mill property below the dam.” I’ve always dismissed Kelley’s concerns over being sued by Aquafortis Associates LLC because, really, who believe his partner, Richard Smith, is going to sue him for high water damage? Continue reading