October 2020 Water Level Chart Archived

October 2020

I have archived the October 2020 Water Level Chart (at left). October water levels were right about where we want them this time of year- down about a foot, more or less. Substantial rainfall around the middle of the month both signaled the end of severe drought conditions and pushed the lake level to a high of -0.77 feet below the HWM and it’s been falling gradually ever since. We started the month -1.14 feet below the HWM and ended the month higher at -0.89 feet. If you’ll recall, rainfall in September was almost nonexistent until the very end of the month. October started off with minor rain events until the 13th of the month when we received 2.44 inches in one storm. We ended up with 5.48 inches of rain for the month, 1.03 inches more than October average of 4.58 inches. Nonetheless, ground water supplies are still below normal as those of you with dug wells are well aware. As of the end of the month, our part of Maine remains in severe drought. We’re 2.01 inches below the yearly average for this date. Continue reading →

20 October 2020: No Appeal, Transfer Order Stands

Yesterday was the end of the 21 day grace period for Aquafortis Associates LLC to appeal the recent Lincoln County Superior Court ruling on the DEP transfer order. As of this morning, no appeal has been filed. This comes as no surprise. The DEP Transfer Order stands. And that, as they say, is that.

17 October 2020: Clary Lake On Old Postcards

Earlier this year someone sent me a couple of old postcards featuring pictures of Pleasant Pond (now Clary Lake). I’m just now getting around to posting them in our Historical Photos gallery. It can be hard to figure out where some of these old pictures were taken, I’m relying on my understanding of the topography around present day Clary Lake. The one at left I believe was taken from near the Metcalf property looking southeast toward where the boat launch is today. The date is unknown but likely around the turn of the last century.

This one I think is looking north towards the outlet channel and was likely taken from near the old Ward Sisters home, now the Relyea property. Again the date is uncertain but probably around 1900. I’m very interested in old vintage photographs of Clary Lake (formerly Pleasant Pond). If you run across any please send them my way!

09 October 2020: Water Level Transfer Order Upheld

Following a hearing for oral arguments on September 8th, the Lincoln County Superior Court has issued its ruling on the Aquafortis Associates, LLC [AQF] Rule 80C Appeal of DEP’s December 2018 Order transferring the Clary Lake Water Level Order to the Clary Lake Association. In its discussion, the Court carefully considered all of AQF’s claims and denied or rejected all of them. The Order, issued on September 28, 2020 is subject to appeal, and AQF has 21 days from the date of the Order (deadline October 19th) to appeal the ruling to the Maine Supreme Court, but honestly, in my humble opinion, the Superior Court’s ruling was so unequivocal and final and the appeal so pointless in the first place, that I can’t imagine they will want to waste their money on a Law Court appeal, which they would undoubtedly lose. While this ruling did not come as a surprise to us, it is nice nonetheless to get the official word. The ruling is only 9 pages and well worth reading: Continue reading →

2020 Water Quality Monitoring Wrap Up

Dead Cyanobacteria

We’re nearing the end of our water quality monitoring season. We’ve conducted 8 water quality monitoring sessions this year (a few less than normal because we got a late start) and will conduct one more session this coming week before calling it quits for the year. Many thanks to my associate Kelsie French for her help this year.

Yesterday afternoon when I walked down to my dock I spotted this dead algae washed up on my shoreline. Fifteen minutes after I took the picture, the green scum was gone. Remnants of an small algae bloom, it’s nothing to be alarmed about and there’s a very good explanation for what it is and why this occurred. Continue reading →

September 2020 Water Level Chart Archived (edited)

September 2020

I have archived the September 2020 Water Level Chart (at left). September water levels were characterized by a leisurely drop over the course of the month from a high of -0.89 feet at the start of the month to a low of -1.14 feet at the end. On average the water level in August was 0.3 feet (3.6 inches) lower than it was last August. The real news in September were the severe drought conditions that have persisted (and worsened) for the entire month. We started the month slightly ahead of the yearly average and received only 0.10 inches of rain on September 1st and no more rain until storms on the 28th and 30th. That’s 25 days without a drop of rain. We ended the month with a total rainfall of only 0.74 inches, fully 3.10 inches shy of the monthly average of 3.84 inches. For the year we’re 3.04 inches below average for this date. We’re heading into October with a severe deficit of rain. Hopefully that will change soon.

24 September 2020: Drought Worsens [UPDATED]

The drought conditions affecting Maine and much of the Northeast are worsening with no relief in sight. Much of the State of Maine is now in Severe Drought (graphic, at left) including Lincoln County. Until today we were in Moderate Drought but the continuing lack of rain is taking it’s toll. We have only recorded 0.10 inches of rain so far this month back on September 2nd. Since then, nothing. Despite the dry conditions, at -14.5 inches below the HWM, the lake level really isn’t that from where we’d expect it to be this time of year. Last year at this time it was down -10.5 inches. Keep in mind that about 3 inches of that water isn’t really ours to manage because the HWM is actually 3.4 inches ABOVE the top of the dam. Perhaps a better way to think of it is we’re now down a hair over 11 inches below the top of the dam. When things are this dry, evaporation accounts for a significant amount of water loss. Also, water soaks into the ground around the edge of the lake. Downstream flows are only 2 cfs, less than the current minimum flows of 3.5 cfs.

According to the Maine Forestry Service, the fire danger is HIGH. Under the circumstances, I’d be surprised if they were issuing burn permits at all. Careful out there folks.

[UPDATE] The Maine Forestry Service HAS suspended issuing online burning permits. You or may not be able to get one from your local fire department.

2020 Courtesy Boat Inspections Program Wrap Up

Some days it got pretty busy! Here one boat is coming out of the lake while another awaits their turn to put in.

Labor Day weekend marked the end of our 2020 Courtesy Boat Inspection season on Clary Lake. We had a volunteer at the State boat launch every weekend this summer, from 6 AM until 2 PM starting on Memorial Day weekend. All told we staffed 134 shifts for a total of 273 hours and conducted 421 boat inspections (including kayaks and canoes). For comparison, last season, our first summer doing CBI, we got a late start and ended up staffing just 85 two hour shifts during which we conducted 270 inspections. Last year we found 4 plants and this season we found 5. None of the plants found were considered invasive. Continue reading →

09 September 2020: Sour Grapes

The hearing for oral arguments in the matter of Aquafortis Associates LLC (AQF) v. Board of Environmental Protection (docket AP-20-4) took place yesterday afternoon in Lincoln County Superior Court, Judge Daniel Billings presiding. The hearing was held using Google Meet (picture at left) and a few CLA board members including myself joined. I had planned on recording the hearing and making that recording available for viewing, but unlike Zoom meetings (with which I’m more familiar), recording is not an option with Google Meet. I did however take copious notes. Attorney for AQF Dennis Carrillo presented his case first, followed by Assistant Attorney General Scott Boak who represented the Board of Environmental Protection and finally, counsel for the Clary Lake Association Randy Creswell spoke. Judge Billings periodically asked questions. The hearing was scheduled to last 1 hour but it went considerably longer, about an hour and a half. Continue reading →

August 2020 Water Level Chart Archived

August 2020

I have archived the August 2020 Water Level Chart (at left). August was characterized by extremely dry and and extremely hot weather which lead to considerable lake water loss due to evaporation. The anticipated influx of runoff from tropical storm Isaias at the beginning of the month never materialized, so our efforts to create a little headroom for storm water runoff only resulted in lowering the lake level two and a half inches, not that anyone noticed! From that level (-0.65 feet below the HWM) the lake level fell steadily at the rate of about 1/4 inch per day until a series of popup thunderstorms starting on August 24th brought some much needed rain to the area that helped keep the lake level from falling further. The lake ended up at -0.90 feet below the HWM. Historically, the water level in Clary would never have been this high in August. Continue reading →

26 August 2020: State Boat Launch Posted No Swimming

We were as surprised as anyone when a No Swimming sign appeared at the State boat launch on Clary Lake a few weeks ago. We spoke to Diano Circo, Chief Planner at the Department of Inland Fisheries and Wildlife (IF&W) and asked about the sign. It appears there have been numerous complaints of swimmers not getting out of the way when a boater wants to launch or retrieve their craft, both at the Clary launch and at other State-owned launches around the State. According to Mr. Circo, the IF&W has decided to post all State-owned boat launches. Whether this is true or not we can’t say, but another reliable source has confirmed that the State does plan on taking this action in the near future. Department of Conservation rules of conduct at State boat launch facilities prohibit swimming at State-owned boat launches but the no swimming rule has generally not been enforced. That “look the other way” stance has apparently changed. Continue reading →

13 August 2020: Hearing Scheduled for AQF Appeal

It appears the Aquafortis Associates LLC [AQF] appeal of the Water Level Order Transfer (docket AP-20-4) is going to hearing after all! A one-hour hearing for oral arguments has been scheduled in Lincoln County Superior Court on September 8th at 2:30 PM. The hearing will be held in front of the Honorable Daniel Billings using Google Meet (Google’s version of Zoom). I assume the hearing will be available to the general public but I don’t have information about how to connect yet. When I do I’ll make that information available. The State will be represented by Assistant Attorney General Scott Boak, the Clary Lake Association will be represented by Attorney Randy Creswell who so ably represented us during the Bankruptcy proceedings (and got us the dam!), and AQF is being represented by Dennis Carrillo. The Clary Lake Association is named as a Party in Interest in the appeal. Continue reading →

5 August 2020: CBI Mid-Summer Update

Jack Holland conducting courtesy boat inspections at the State boat launch. Photo by George Fergusson

Our Courtesy Boat Inspection program is running like a well oiled bicycle this summer, thanks to an energetic and committed volunteer work force. We got a bit of a late start last year, but this year we started boat inspections on Memorial Day weekend and have managed to have volunteers at the State boat launch every weekend from 6 AM until 2 PM ever since. To date we’ve staffed 93 two-hour shifts for a total of 192.1 volunteer hours and have conducted 315 inspections. So far this year we’ve only found one plant on an inbound boat that turned out not to be invasive. State-wide there have been 4,312 shifts (most are two hour shifts but some are longer) and 54,815 inspections conducted and 1,616 plants were found, 67 of which have been identified as invasive plants. I’d say the program is working! You can look at the data directly using the 2020 Maine Courtesy Boat Inspection Dashboard. Select the Clary Lake Association from the “Select Organization” list to see our data. Continue reading →

02 August 2020: July Water Level Chart Archived

July 2020

I have archived the July 2020 Water Level Chart (at left). For the third month in a row we’ve managed to maintain a relatively stable water level despite mild drought conditions prevalent at the start of the month. The lake level fluctuated only 1.5 inches from low to high over the course of the month, starting out at -0.50 feet and ending the month with the lake level at -0.41 feet. A number of people have let us know that they think the lake level this summer has been about perfect. We were shy of the monthly average rainfall until two back-to-back squalls on July 30th dumped a little over an inch of rain and pushed our monthly rainfall total to 3.77 inches, a little over the average for July of 3.54 inches. Because of an extra dry June, we’re still 0.28 inches below average for this date.

Tropical storm Isaias is due to pass through Maine this coming Tuesday night into Wednesday, and it has the potential of dropping several inches of rain, if not more. We’ve temporarily increased outflows so as to create a little head space to accommodate the anticipated storm water runoff. We don’t expect any significant flooding or a major change in the water level when it’s all said and done. Continue reading →

09 July 2020: Aquafortis Associates Files Combined Reply Brief

On Thursday July 9, 2020 Aquafortis Associates, LLC [AQF] filed their reply brief in the matter of AQF v. Maine Board of Environmental Protection [BEP] Docket No. WISSC-AP-20-4, it being an appeal of a Department of Environmental Protection [DEP] Order issued in December 2018 transferring the Clary Lake Water Level Order to the Clary Lake Association. AQF filed their initial brief on May 29th of this year; their reply brief is a combined reply to both the BEP’s brief filed on June 19th and the Clary Lake Association’s brief filed on June 25th. This latest document includes 52 pages but there are a number of attachments; the actual reply brief itself is actually only 16 pages long:

AQF (combined) reply brief 07-09-2020

Now that AQF’s petition has been fully briefed, the next step is up to the Court. The judge may schedule a hearing for oral arguments or he may just issue a ruling. I have no idea what to expect or when to expect it. I’m going to refrain from further comment at this time.

June 2020 Water Level Chart Archived

June 2020

I have archived the June 2020 Water Level Chart (at left). For the second month in a row, the most notable thing about the chart is how relatively stable the water level was especially in light of how little rain we received! Total water level variation for the month was only 0.18 feet (2.2 inches), starting out the month at -0.37 feet below the HWM, falling to a low of -0.55 feet on the 27th, and finally ending the month a little higher at -0.50 feet below the HWM thanks to some much needed rain. Keep in mind that the HWM is actually 3 inches or so ABOVE the lowest point on the dam; for most of the month the lake was pretty much lapping at the top of the dam. We really can’t get more stable than that. Continue reading →

26 June 2020: Clary Lake Association Files Brief in AQF WLO Transfer Appeal

On Thursday June 25th the Clary Lake Association through their counsel Randy Creswell timely filed their brief in the matter of Aquafortis Associates, LLC [AQF] v. Maine Board of Environmental Protection [BEP] Docket No. WISSC-AP-20-04. The State of Maine filed their brief a week ago, on June 19th. AQF now has 14 days from the service of these briefs to file their reply briefs. For the State’s brief the deadline is July 3rd and for our brief, the deadline is July 9th. Someone is going to have a fun-filled Fourth of July weekend!

The Clary Lake Association is but a Party in Interest to this appeal and as such we really didn’t need to file a reply to AQF’s brief, especially considering how thorough and irrefutable the State’s brief is. Nonetheless we felt that providing some additional arguments supporting our right, title, and interest in the Clary Lake dam was a worthwhile effort. Continue reading →

Lake Stewards of Maine’s Summer Webinar Series

The Lake Stewards of Maine (formerly Maine Volunteer Lake Monitor Program) is putting on a series of weekly webinars on various topics of interest to people involved with Maine Lakes. This notice is from an email I just received. I’ve attended 2 webinars so far, the first on Climate Change and it’s Impact on Maine Lakes and most recently, a program on Metaphyton. Highly recommend taking in some of these programs if you can find the time. Head over to their website to see what’s being offered. I’ll try to publicize future webinars here.

Please Join Us for our Summer Webinar Series:

In lieu of our Annual Lake Monitoring Conference, Lake Stewards of Maine – Volunteer Lake Monitoring Program will be hosting a series of weekly informational webinars from June through August on a wide range of topics pertaining to Maine Lakes. The sessions will be approximately one hour in length, and will include an opportunity for Q&A for those who attend the live webinars on the posted calendar date. Pre-registration is required for all who plan to attend. The webinars are open to Maine’s citizen lake scientists, as well as the general public.

The live webinars will take place at 4PM on Friday afternoons, beginning on June 5, and will go through August 28, with the exception of the holiday weekend of July 3. All sessions will be recorded, and made available for future viewing on our website.

The Next webinar looks quite interesting:

Citizen Stewards and Maine Lakes:

Collaborative Approaches for Sustainable Systems

Presented by Firooza Pavri, PhD; airing this Friday, June 26 at 4pm

Freshwater resources provide vital societal and ecosystem services. Keeping our lakes and ponds healthy for future generations will require that we strive to gain a more nuanced understanding of the complex factors that influence their well-being. Historically, models aimed at identifying which Maine lakes may be most vulnerable to ecosystem decline have rarely considered the role that private citizens may play in the process. However, local citizen stewardship efforts such as water quality and invasive plant monitoring, watershed surveys, and other citizen-driven conservation and management efforts can be a major factor in determining the long-term resilience of an aquatic ecosystem. In this webinar, Dr. Pavri will share her recent research looking at the important role that citizen lake scientists and other lake residents play in protecting Maine waters for the future, and how we can use this information to more clearly determine lake vulnerability.