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.

4th of July Clary Lake Boat Parade

Bill & Sue McKeen getting a plug in for the Whitefield Library.

Well the 4th of July 2020 Clary Lake Boat Parade happened, here are pictures to prove it. There were so many boats traveling at different speeds it was impossible to get one picture that showed all of them. There were boats all over the lake. What a sight! It was so well attended and so much fun that I can’t imagine it won’t happen again next year. Many thanks to Shanna Pease for organizing it!

Here’s a gallery of pictures. I took a lot of them, and people sent me even more pictures. It took a while to sort through and resize them and in the process I lost track of who took what so I’m sorry for the lack of attributions.

[Show slideshow]

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.

19 June 2020: State Files Brief in AQF WLO Transfer Appeal

On Friday June 19th the State of Maine timely filed their brief in the matter of Aquafortis Associates, LLC v. Maine Board of Environmental Protection Docket No. WISSC-AP-20-04. The original appeal was filed by AQF in December 2018 in response to DEP’s issuance of an Order transferring the Clary Lake Water Level Order from Pleasant Pond Mill LLC to the Clary Lake Association, after we bought the dam in October, 2018 and it’s taken a convoluted and circuitous route to get where we are today. If you’re wondering WHY Aquafortis Associates LLC decided to spend the time and money appealing the WLO transfer, you’re not alone. You may want to also review Aquafortis Associate LLC’s brief, previously filed on May 27th. Seeing as how this is an ongoing case in which the Clary Lake Association is an interested party, I’m going to refrain from further comment at this time.

BEP Brief – AQF v. Maine BEP, WISSC-AP-20-04, 6-19-20

Drought Conditions

A while ago we had a Drought Monitor page on the website, but it stopped being supported and finally stopped working. I’ve added this U.S. Drought Monitor graphic to the Weather page. When I originally posted this article on June 18th, we were considered to be “Abnormally Dry.” So far this month we’ve only recorded a hair over 1″ of rain.

8 June 2020: Maine Lakes Society Spring 2020 Newsletter

The Maine Lakes Society has mailed their Spring 2020 Newsletter and it’s been made available as a PDF for online viewing. Enjoy. It’s a very nice newsletter with several very interesting articles including one on Snapping Turtles and another on Toxic Algal Blooms. Totally worth perusing this newsletter:

For the Sake of Maine’s Lakes Spring 2020 Newsletter #48

Maine Lakes Society’s This Week’s Hero

I blame my father. I’m not one to seek attention but I suppose this is news and if I don’t share it here, no one will 🙂

From the Maine Lakes website’s 50 Lake Heroes for Our 5oth Anniversary post:

George Fergusson, Clary Lake

In 2011, Clary Lake and its Association were in trouble. A dispute with the owner of the dam controlling the lake level was leading toward seven years of unswimmable, unboatable water and significant environmental damage to the natural resource. Only 28 of 100+ littoral owners were members. Now in 2019, thanks to the unwavering efforts of George Fergusson, the Association’s long-time Secretary, the CLA has purchased and repaired the dam, the water level has been restored, and 148 (!) members can once again enjoy the benefits of a healthy lake.

George has lived on Clary Lake his entire adult life, and has been its prime steward for decades. He instigated the 2012 petition to DEP for a Lake Level Order, and then bore the brunt of legal harassment by the dam owner that prevented the Order from being implemented for five years. This included endless hours compiling and drafting documents for court, attending innumerable hearings, and managing fund-raising for legal expenses. His personal solicitation of new members meant that when the dam fell into bankruptcy, the Association could raise $120,000 for purchase and repair. George is a certified Water Quality Monitor, and has measured and maintained daily records of the lake level for years, information that was crucial to DEP’s recent approval of CLA’s Water Level Management Plan. He has been tireless in meeting with town officials, state agency staff, the press, contractors, and attorneys to keep the effort moving forward, and continually encouraged the Board of the CLA even when the quest seemed hopeless and endless.

Lake Stewards of Maine Informational Webinars

I will post updates as new webinars are announced.

Please Join Us for our Summer Webinar Series:

The complete season of webinar topics and speakers will be announced soon. Information on our first webinar presentation is listed below:

The Crown Jewel Lakes of Central Maine, and the Threats They Face

Presented by Matt Scott and Lloyd Irland; airing Friday, June 5 at 4pm

~ register here ~

Maine is fortunate to have some of the clearest and cleanest lakes in the nation, several thousand of which are in public domain. However, all our lakes are vulnerable in varying degrees to a growing number of anthropogenic-based threats. We are part of the problem, and we have the ability to be the solution, as well. Matt Scott and Lloyd Irland share their experience and perspective on where we are, how we got here, and what can be done to ensure that our lakes will remain healthy for the enjoyment of future generations.

~ ~ ~ ~ ~ ~ ~

Matt Scott is the founding father of Maine’s “Lakes Program”. He was the first biologist hired through Maine DEP in the early 1970’s, at which time he established a lake-focused research and protection unit that soon gained widespread recognition and respect. Matt was the driving force behind the formation of the first statewide citizen lake monitoring program, which continues to this day as Lake Stewards of Maine (formerly Volunteer Lake Monitoring Program). He currently lives in Belgrade.

Lloyd Irland has served in Maine state and local government, as a consultant, and is an author writing on a range of topics concerning Maine’s natural resources. He has recently advanced the research regarding changes in the phenology of ice cover on Maine lakes. Lloyd is currently writing a book on Maine’s wildland rivers, and lives on a tributary to Androscoggin Lake in Wayne.

Lindsay Papa will be a senior at Colby College next year, and is currently a summer intern with Lloyd Irland. She has assembled much of the data used in this presentation.

___________________________________________

Our next webinar will be:

The Influence of A Warming Climate on Aquatic Invaders in Maine Lakes

Presented by Roberta Hill, LSM Invasive Aquatic Species Director

and Aquatic Ecologist; airing Friday, June 12 at 4pm

Maine lakes have historically been protected to some degree by a relatively cool climate. Many species of invasive flora and fauna that have successfully infested lakes throughout much of the US have failed to gain a foothold in Maine, in part due to our long, cold winters, and cool water temperatures. Our warming climate is changing this. Roberta Hill will provide an overview of the effects of climate change upon Maine lakes, and discuss the implications for Maine’s native lake communities.

~ register here ~

Roberta is an aquatic ecologist and environmental educator. She has been active in the field of lake protection and community outreach in Maine for thirty years and has been instrumental in the creation and development of some of Maine’s most successful and long-standing lake education programs. Currently the Invasive Species Program Director for Lake Stewards of Maine, Roberta is the originator and coordinator of LSM’s internationally recognized Invasive Plant Patrol (IPP) program, through which close to 5,000 individuals (volunteers, professionals, agency personnel, students, teachers and others) have been trained to screen Maine waterbodies for the presence of invasive aquatic plants. Roberta is the principal author of the Maine Field Guide to Invasive Aquatic Plants and co-author of Citizens’ Guide to Invasive Aquatic Plant Management.

_____________________________

Thank you, and we hope you can join us for Fridays at 4 for Lakes!

LAKE STEWARDS OF MAINE

24 Maple Hill Road Auburn, ME 04210

(207) 783-7733 | stewards@lakestewardsme.org

Hatha Yoga Classes at Clary Lake Bed & Breakfast This Summer

Looking for something to do this summer near Clary Lake? There will be Hatha Yoga classes held at Clary Lake Bed & Breakfast this summer! The classes will be held outdoors on Saturdays from 10-11 am. Classes will start June 13th, and continue all Saturdays throughout the summer until the end of August, with the exception of the 4th of July.

This is the second year these classes have been held at Clary Lake B&B. For more information please contact Kathryn Jensen or Linda Gallion.

03 June 2020: Floating Loon Nest Found After 21 Years

Back in the spring of 1999 Bob Antognoni and Art Enos built a floating loon nest platform and installed it at the back of the deep cove on the north shore where our loons have traditionally liked to nest. There is no record of whether or not the loons ever used it for a nest site though it’s entirely likely. I’ve looked for the nest off and on over the years and have figured it was long gone. Imagine my surprise when I was out and about yesterday evening to see if I could find where the loons are nesting this year, and spied something floating. I rowed closer and sure enough, the loon nest is still floating after 21 years! Even the wire screen that supported the nest area is still intact. I believe it was constructed out of dry peeled cedar and bolted together with galvanized carriage bolts. Clearly it was built to last! Bob would no doubt be glad to know it has survived this long. Continue reading →

May 2020 Water Level Chart Archived

May 2020

I have archived the May 2020 Water Level Chart (at left). The most notable thing about May was how stable the water level was, hovering right around the top of the dam and varying only a little more than 2 inches (0.18 feet) over the course of the entire month. This was by design of course. We started the month at the low of 150.79 feet, hit a high of 150.97 feet on the 22nd, and ended the month at 150.82 feet, only a fraction of an inch higher than we started. This was by design of course: the WLO specifies that after ice out in the Spring we should raise the lake to it’s “full capacity” and keep it as close to that level as possible through the end of July. We consider the lake is at “full capacity” when the water is lapping at the top of the dam, despite the fact that the elevation of the “High Water Mark” is roughly 3 inches higher; we obviously can’t be expected to maintain a lake level where water is running over the top of the dam. Continue reading →

CLA 2020 Summer Newsletter Mailed

The Clary Lake Association’s 2020 Summer Newsletter went in the mail a few days ago. If you live in Whitefield or Jefferson it has probably already been delivered. If you’re out of Town or out of State, it’ll probably take another day or two to reach you. The biggest news item is that the CLA Board at their regular May meeting a few weeks ago decided out of an abundance of caution to cancel this year’s Annual Meeting, originally scheduled for August 7th. It was not an easy decision to make, we considered just postponing it and also how we could hold a meeting while trying to maintain social distance and cancelling the pot luck supper but in the final analysis, given the uncertainty of what this summer may bring and given that pretty much all other public events have been cancelled this summer that we needed to follow suit. Dave Knight in his “President’s Message” does a good job of explaining our thought process around this issue. The health and safety of our Membership is of paramount importance. The newsletter discusses our deliberations around this issue. Continue reading →

29 May 2020: AQF Files Brief in WLO Transfer Appeal

On May 27th Aquafortis Associates LLC [AQF] by their counsel Dennis Carrillo finally filed their brief in their ongoing appeal of the Maine DEP’s December 2018 Order transferring the Clary Lake Water Level Order [WLO] to the Clary Lake Association [CLA]. To remind everyone how we got here: when the CLA purchased the Clary Lake dam in October 2018, DEP rules required we file an application with the Department requesting the Order be transferred from Pleasant Pond Mill LLC (in whose name it was originally issued) to the CLA. We did that, and the DEP approved the transfer request in early December 2018. Later that month AQF appealed the DEP transfer order to the Board of Environmental Protection [BEP] who subsequently denied their appeal at a hearing held in Augusta in June 2019. AQF then appealed the BEP ruling to Kennebec County Superior Court in July 2019. In early February 2020 the Kennebec County Superior Court judge granted a motion to change the venue to Lincoln County. In early March of this year, a scheduling order was issued and AQF has finally filed their brief, which brings to now.

Here’s the AQF brief:

AQF Petitioner’s Brief 27-05-2020

25 May 2020: Courtesy Boat Inspection Program Under Way

Our 2020 Courtesy Boat Inspection program is underway and our first (long) weekend is behind us. The big surprise was the lack of traffic for Memorial Day weekend! Over three days our volunteers conducted only 24 inspections (we inspect water craft both entering and leaving the lake) many of which were kayaks or paddle boards. Perhaps the sub-zero temperatures this weekend has had something to do with the lack of traffic 😯

Another surprising thing: many of the motor boats did not have 2020 registrations! The main reason people cited were closed town offices and in most cases they said they’ve registered their boats online but haven’t received the stickers yet. Not particularly surprising was the pile of trash (and a full diaper) that our intrepid volunteers collected and hauled off on Saturday. Good grief. What is wrong with people? Many people use my field in Jefferson to access the lake, and they generally do a pretty good job of keeping it clean and respecting the land. If I found a fraction of this amount of trash on my property I’d close down access in a heartbeat. Why do people think they can treat the State boat launch this way?

Last year we recorded data on paper forms which we scanned and emailed to Midcoast Conservancy who did the data entry for us. This year our inspectors are entering their own data at the boat launch directly into the DEP database using a cool phone app developed for the purpose. This is much much more efficient. The data is immediately available for review on the 2020 Maine Courtesy Boat Inspection Dashboard. Cool technology.

We’ll be conducing boat inspections at the State boat launch off the North Clary Road from 6 AM to 2 PM on Saturdays and Sundays through Labor Day and perhaps further into the fall. If you’re out and about stop by and say hello!

Memorial Day

The Clary Lake Association Board wishes everyone a safe, meaningful, and memorable Memorial Day on this Day of Remembrance, May 25, 2020. In these trying times, as difficult as they are, we still have much to be thankful for and many to thank. Be safe out there.

6 May 2020: Browntail Moth Season Ahead!

A Browntail Moth caterpillar with the 2 distinctive orange dots at one end of it’s body.

Any day now, over-wintered Browntail Moth caterpillars will start to emerge from their tree-top leaf nests and start eating. Last year they did a great job (?) of defoliating Oak trees around Clary Lake and spreading their poisonous hairs all over the place. The south shore of the lake by Hodsdon Lane was particularly hard hit. I haven’t seen near as many Browntail moth nests in the trees around my house this spring, making me think this year the infestation may be less severe than last year, but it still pays to be alert to the risk they pose to our trees and our health. According to the newly published Browntail Moth Risk Map (PDF | 2.44 MB) however, the towns of Whitefield and Jefferson still have a HIGH Browntail Moth Risk Rating. Continue reading →

Please join in on the first Clary Lake 4th of July Boat Parade!!

When: 4th of July Where: Clary Lake Time: 2 PM

Details: Decorate your boat and meet down by the public landing for a cruise of the lake! Let’s celebrate the 4th in style.

For more information or if you have questions please feel free to text or call Shanna Pease at 485-4171.

George Fergusson, Clary Lake

Please join in on the first
Clary Lake
4th of July Boat Parade!!

When: 4th of July
Where: Clary Lake
Time: 2 PM