01 September 2016: DEP files Administrative Record with Superior Court

It has been a busy summer for me and I am just now getting around to catching up with what’s been happening with the Clary Lake Water Level Order appeal. I last posted on July 22nd about the Court’s June 7th Status Conference and resulting Procedural Order issued by the Court on June 17th which stayed the proceedings until August 1st and set a deadline of August 19th for the State to file the Administrative Record, and an outline of a discovery plan.

On August 17th Mark Bergeron of the Maine Department of Environmental Protection filed the Department’s “Administrative Record” which consists of 264 items on a CD. I did not make a copy of the CD, but I did copy the 20 page filing which lists all the various and sundry documents, photographs, and other items which comprise the full Administrative Record. The list starts with the Clary Lake Water Level Petition I filed with DEP on January 2, 2012 and ends with the Final Water Level Order issued by the Department on January 27, 2014 and includes everything in between. It’s an exhaustive list and just reading it for me was a tiring trip down memory lane. Continue reading

August 2016 Water Level Chart Archived

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August 2016

I’ve archived the August 2016 Water Level Chart (at left). The most notable feature of the August chart is that it looks identical to the July 2016 chart except the water level is lower. The month started with the lake level at 63.24″ below the top of the dam and after a slow but steady decline of about 0.12″ per day, ended the month at a historic low level of -66.84″.

Rainfall for the month at 2.64″ was about 2/3 of an inch below normal. For the year to date we’re about 2.3″ below normal, not as bad as other parts of the state but still drought conditions.

Not much else to say about the August water level chart. You’ve only seen Clary Lake this low once before, 11 months ago on September 29, 2015.

28 August 2016: State Boat Launch Rock Cleanup Initiative Finished

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The Boat Launch Rock Cleanup Crew

We had a great turn out for the Boat Launch Rock Cleanup event yesterday with 30 people showing up to move rocks or assist in other ways. A few people unable to move rocks fulfilled other important roles. Everyone contributed in one way or another. The rock moving itself, which was expected to take the better part of 4 hours, was pretty much finished before lunch, in about an hour and a half.

The folks in the group-photo are left to right, front row kneeling: Lucy Norman, Erin Grimshaw and her 3 sons Corey Dey Bishop, Jayden Dey Bishop, and Devon Dey Bishop, Colin Fergusson; Second row: Don Norman, Melissa Palmer-Karas, Alicia Fraser, Mary Gingrow-Shaw, Margaret Fergusson, George Fergusson (not smiling for some reason) Karen Nielsen and Sara Roy; Third row: Dee Ann Grazioso, Barbara Ahern, Bill Donovan, Osmand Karas, Nathan Williams, John Williams, Tom Vigue, Jeff French; Fourth row: Tim Harkins, David Knight, Jack Holland, Randy Wing. Not pictured are Ellis Percy and John Ahern who weren’t involved in the rock moving, and Thomas Gillette and Bruce MacDonald who showed up later when the work was finished.

The work got done, we had a blast, nobody got hurt, and nobody freaked out when a good sized water snake crawled out of the shrinking rock pile and swam off between people’s legs. I caught a brief glimpse of it but wasn’t quick enough with my camera to get a picture of it.  Continue reading

State Boat Launch Cleanup Update: Saturday 27 August

IMG_20150810_104257 (Custom)We’re all set to go tomorrow morning to move rocks at the State boat launch. A good crowd of people have indicated they plan to come by to either help move rocks, or kibitz. In any case, all are welcome: it promises to be a fun time and the weather is looking to be about perfect.

The Momentum Committee will be showing up about 9 AM to get things set up with the work set to start about 10 AM. Hopefully we’ll be able to wrap up around 2 PM or shortly thereafter. Lunch will be served mid-way through the day. We’re providing hamburgers, hotdogs, potato chips, water, etc.

The water level hit -66″ below the top of the dam this morning (a little lower than the picture shows above, which was taken last summer) so it really is about as low as it can get. However, there’s still a good 6″ to 12″ of water where we’ll be working, so plan your wardrobe accordingly: rubber boots or sneakers are in order along with shorts and work gloves. Remember we’ll be handling wet slippery rocks so sandals or barefeet are NOT recommended. The bottom is generally pretty hard however, so you don’t have to worry about getting stuck in the mud!

Any last minute questions, feel free to call George Fergusson. Hope to see you there!

Clary Lake Association To Clear Rocks at State Boat Launch Saturday August 27th

IMG_20150726_083800 (Custom)The Clary Lake Association has received authorization from the Maine Department of Inland Fisheries & Wildlife (IF&W) to clear some rocks away from the end of the State boat launch. These rocks constitute a boating hazard which over the years since the boat launch was built have claimed more than a few outboard props and lower units. After discussing this project with representatives of the IF&W, the Clary Lake Association requested IF&W file for a Permit By Rule with the Maine Department of Environmental Protection under the National Resource Protection Act’s Permit By Rule Standards. They did just that, and we received the go-ahead to do the work earlier this week.

The applicable rule is Chapter 305 Section 6 “Movement of Rocks & Vegetation” which provides for limited clearing of rocks and vegetation by hand from a 10′ wide area. Other requirements of the work to be done are that the rocks cannot be removed from the lake gut must be redistributed into small piles that fish fry can use to take refuge, rather than just randomly scattering them. Since this exercise is to remove a boating hazard, the rocks obviously shouldn’t be piled up in a fashion or location that will have them interfering with boat traffic in the future.

Obviously,  this work needs to be done while the water level is low. Once the fall rains start and the lake level starts to rise, it will be too late. The water level is currently a little over 65″ below the top of the dam, about 2″ lower than in the photograph above which was taken last summer in July. To that end we have tentatively scheduled a work session (I prefer to call it a party) from 10:00 AM to 2:00 PM on Saturday August 27th to do the rock clearing and we’ll be looking for volunteers to help with the project. Many hands will make the work go quickly! In the next day or so we’re going to send an email mailing to Clary Lake Association members to drum up interest in helping with this project. There are a number of ways you can help with this project. If you’re interested in participating in the actual rock moving or just want to come by, enjoy the event, have fun, and support us in this endeavor, please contact George Fergusson or give me a call at 207-549-5991.

Since we’re going to be splashing around in 6″ to 12″ of water, we’ll be doing this work rain or shine unless there’s an absolute deluge that day in which case we’ll put the work off until the next day. People interested in helping should wear rubber boots or sneakers because you’ll be getting wet. We also recommend gloves. We’ll have a few crowbars available for those recalcitrant stuck-in-the-mud rocks.

There’ll be a cookout around lunch time, and contributions toward this are welcome. It promises to be a fun event. We look forward to your participation!

2016 Annual Meeting Minutes Posted

[dropcap]I’ve[/dropcap] posted the minutes for our 2016 Annual Membership Meeting held back on August 6th on the Meeting Minutes  page. If you missed the meeting for whatever reason they should give you a pretty good idea of what took place. If anyone who was at the meeting sees any glaring errors or omissions please feel free to bring them to my attention. As usual, the Membership will be asked to accept them at next year’s Annual Meeting.

 

08 August 2016: Clary Lake Association Annual Meeting Huge Success

DSC_2439Around 35 people showed up last Saturday afternoon for the 2016 Annual Meeting of the Clary Lake Association held at the home of Erin Grimshaw and Christina Bishop on the south shore overlooking Clary Lake in Jefferson (picture at left). The venue was perfect but the weather was unsettled and VERY HOT. Storms were forecast. A brief rain shower shortly after the start of the meeting forced us to seek shelter inside and when we resumed the meeting outdoors, the air had cooled off nicely. It was a great meeting by all accounts. 19 people joined or renewed their membership before the start of the meeting which brought our total 2016/2017 membership count to 71. Not bad for the day of the meeting! Typically membership renewals continue to come in during the month of August. I’m confident that we’ll reach our goal of 100 members this year. Continue reading

04 August 2016: Annual CLA Meeting Plans, Agenda, Coming Together

[dropcap]Plans[/dropcap] for our Annual Meeting this coming Saturday afternoon August 6th (at the home of Erin Grimshaw and Christina Bishop at 739 Gardiner Road in Jefferson) are shaping up nicely. The registration table will be setup up by 1:00 PM and the meeting will start at 2:00 PM sharp so if you haven’t already paid your dues yet, plan to show up early to take care of business. The membership year runs from the start of one annual meeting to the start of the next one so in order to vote your dues need to be paid up. If you’re not going to be able to make it to the meeting and want to give your proxy to someone to vote for you, please make sure your dues are paid before the start of the meeting or you won’t be able to vote! Also remember that as a result of recent changes to our Bylaws, anyone can be a voting member simply by paying dues: 1 member = 1 vote.

We’ve got a full agenda (see below). At the top is Senator Christopher Johnson, our guest speaker this year. He’ll be stopping by to speak briefly about his recent activities around Clary Lake, and answering questions. Chris’s schedule that day is tight however and he’ll have to leave early. He’s planning to be there before the meeting starts however so if you want a chance to meet and talk with him, come early. Continue reading

July 2016 Water Level Chart Archived

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July 2016

I’ve archived the July 2016 Water Level Chart (at left). The most notable feature of the July chart is that despite the dam’s gate being effectively closed for the whole month, the water level still fell slowly but steadily for pretty much the whole month, starting out at -58.92″ below the top of the dam and ending at -63.00″ for a total loss of 4.08″ most of which was due to evaporation: the small amount of water that can be seen flowing through the gate in the dam is just ground water seeping out of the marsh; there has been no flow of water out of Clary Lake for most of the month. If you’re thinking this is sounding familiar, it is because it is: July 2016 is almost a day-for-day repeat of July 2015.

We received a total of 3.05″ of rain during the month, about 1/2″ less than normal. The only benefit I can see of the lack of rain and the resulting lack of runoff this year is that it has helped maintain lake transparency. 

24 July 2016 Centralmaine.com: Repair work begins on Branch Pond Dam

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

21 July 2016 Loon Update: Eggs Not Viable, Nest Abandoned

DSC_2231Yesterday afternoon I stopped to check on the loon nest and found it abandoned, with no evidence of any eggs. There was a loon floating nearby but it wasn’t fishing or tending babies, it was just sitting. Randy Wing was with me and he told me that he’d seen eggs in the nest the day before. I too had seen a loon sitting on the nest that day. I decided to check back in the morning. This morning I checked the nest and it was still abandoned with no loons in sight so I grabbed my camera walked around the edge of the cove to look for the nest. I found it without difficulty (picture, at left). I was surprised to see how far the water line had receded from where it was when we first started watching it, 30+ days ago. When first spotted, the water was right up to the edge of the nest and we were concerned about the possibility of flooding; this morning it was a good 6′ away from it- not obvious from our vantage point on shore due to foreshortening. Flooding turned out to not be a problem. Continue reading

18 July 2016: Alarming Growth of Elodea Observed in Clary Lake

Elodea nuttallii in Clary Lake growing to the surface in 7' of water. Photograph by George Fergusson 15 July 2016

Elodea nuttallii in Clary Lake growing to the surface in 7′ of water. Photograph by George Fergusson 15 July 2016

Just when you thought conditions around Clary Lake couldn’t get any worse, well conditions got worse: anyone who has spent any time on Clary Lake this summer is all too aware of the explosive growth of Elodea in shallow areas around the lake. Rapid growth of this pond weed was a noticeable problem last summer and it has only gotten worse, not better. Elodea nuttallii is not a recognized invasive plant species in Maine but it is considered invasive in some jurisdictions including in Europe where it is a real problem. It’s an opportunistic plan in any case, and under the right conditions it can be very prolific. Clearly the conditions existing in Clary Lake now are about perfect to promote exuberant growth of this plant: lots of shallow water with a muddy bottom, plenty of nutrients, and lots of sun. Elodea growth has gotten so bad in some places that there are large mats of the weed on or just under the surface of the water, even near the middle of the lake. I took the above picture about 1400′ off the south shore of the lake- almost 1/3 of the way across to the other side- in 7′ of water. Normally the water would be 12 feet deep here, too deep to support the growth of Elodea. Now, with the lake level down 5 feet below the top of the dam, conditions are perfect. Everywhere you go it seems you’re seeing Elodea at or just below the surface. You’ll find more pictures in the Spring/Summer 2016 photo gallery. Continue reading

18 July 2016: Unusual Summer Bird Sightings on Clary Lake

An immature Glossy Ibis spotted poking around on the shore of Clary Lake. Definitely an unusal breed of bird for these parts. Photograph by George Fergusson 13 July 2016

An immature Glossy Ibis spotted poking around on the shore of Clary Lake. Definitely an unusal breed of bird for these parts. Photograph by George Fergusson 13 July 2016

It’s been a good summer for rare and unique bird sightings on Clary Lake. First, back on July 13th I was on my way home from an afternoon fishing when I spotted a relatively large black wading bird poking around on the shoreline over on the Relyea property next to the Antognoni home. The light was fading and it was a little challenging taking pictures with good definition, but I got a few. I’d never seen a bird like it and was unable to identify the bird, so I sent a few pictures off to some birder contacts of mine and they quickly identified it as an immature Glossy Ibis. I’ve never seen an adult one let alone an immature one. They are known to nest as far north as Southern Maine but occasionally venture further north.

Great Egret, Clary Lake. What a graceful bird! Not unheard of around here, but definitely an unusual sighting. I've only seen a Great Egret one other time on Clary Lake. Photograph by George Fergusson 17 July 2016

Great Egret, Clary Lake. What a graceful bird! Not unheard of around here, but definitely an unusual sighting. I’ve only seen a Great Egret one other time on Clary Lake. Photograph by George Fergusson 17 July 2016

Then yesterday afternoon I was out fishing over on the north shore when I spotted a Great Egret standing in the shallows. In all my years on Clary Lake I’ve only seen a Great Ibis one other time. They’re rare but not unheard of around here.

I checked this morning and one of the loons was sitting on the nest but there is still no sign of the loon eggs hatching, and I’m concerned that the eggs may not be viable.  While the nest was first spotted around June 12th, we’re not certain when the eggs were actually laid. Looking back at my log, I first obtained photographs of the loon eggs on June 24th which was 25 days ago, though it is likely the eggs were laid sometime before that. In any case, as long as the loons are sitting on them, I’ll hold out hope they’ll hatch.

I’ve posted a few more pictures of these birds in the Spring/Summer 2016 photo gallery.

07 July 2016: Loon Nest on Damariscotta Lake

I’ve been thinking our loon nest was “behind schedule” but apparently there are eggs on Damariscotta Lake that are just now beginning to hatch. I’ve shared this picture from our Facebook page. What I find most interesting is the nest itself, it is just a shallow depression on the shoreline:

07 July 2016 Loon Update: Nest OK, Still No Chicks

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2016 Fourth of July fireworks. It appears the fireworks displays around the lake on Monday night did not disturb the nesting loons which were observed calmly nest-sitting the next day. Photograph by George Fergusson.

[dropcap]Like[/dropcap] a nervous parent, I have been checking the loon nest every day lately, and sometimes twice when I get the chance. This morning I observed one of the loons sitting on the nest but there is no evidence yet that the eggs have hatched. As near as we can tell the nest was established sometime around the 6th or 7th of June- at least that is when Randy and Arlene Wing first noticed the pair of loons hanging out around the nest site. Exactly when the nest was completed and the eggs laid is not clear but they were seen sitting on the nest by June 11th. That was 27 days ago. With a gestation period between 26 and 30 days, the eggs could hatch anytime. Continue reading

06 July 2016: Quick Update on the Dam’s Gate Status

[dropcap]Back[/dropcap] on June 30th when I posted the June 2016 Water Level Chart to the website I speculated that the dam operator would likely lower the gate further within the next day or two so as to maintain at least the appearance of complying with the Water Level Order‘s (WLO) requirement for maintaining minimum outlet flows. What with the long Fourth of July weekend, the parties, the cookouts and what have you, I didn’t get a chance to swing by the dam until yesterday. Sure enough, measurements of a photo I took of the gate mechanism shows that sometime in the last 5 days the gate has been lowered approximately 5″ and is now open just a little more than 2″ as suggested in the WLO to maintain minimum outlet flows this time of year. For my records I’m back dating the gate change to July 1st, and today’s water level chart update reflects this. In theory anyways we can look forward to it remaining at this level for about the next two and a half months, until September 15th.

On a more unpleasant note, the lake level reached 5′ below the top of the dam this morning. It hasn’t been this low since the end of last September.

June 2016 Water Level Chart Archived

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June 2016

I’ve archived the June 2016 Water Level Chart (at left). The most notable feature of the June chart is how little the lake level fluctuated over the course of the month. This is due primarily to two factors. First, the dam’s gate has been closed to within about 7″ of being fully closed for the entire month and this has limited the daily lake level fall to around 1/10th inch (0.01′) per day. Second, the lack of rainfall over the past few months has resulted in almost no runoff from what little rain we have received. For example, on the 28th & 29th we just received 0.87″ of rain which so far has only brought the lake up 0.36″ which almost doesn’t even make sense: you would think the lake would at least rise as much as the rain we received. I suspect what is actually happening is that the water table around the lake (which is a lot like a damp sponge) is being replenished by water from the lake. We received a total of 3.20″ of rain for the month which is only a little less than the average 3.54″ for June. For the year we’re still only 1.23″ below normal but we were short of rain in April and May. Continue reading

28 June 2016: Yet Another Loon Video

This summer’s loon nesting episode on Clary Lake has provided unparalleled photographic and video opportunities. Yesterday I posted a video of one of the loons climbing onto their nest. This new video is comprised of 3 short video clips stitched together that I took back on June 23rd and 24th and shows a loon sitting on the nest. Who knew watching a loon breath could be so exciting 🙂

This video taken with a Nikon D3300 DSLR camera attached to the prime focus of a 6″ f/5 Newtonian reflector with 2X Barlow (doubler) which amounts to a telephoto lens with an effective focal length of 1524 mm. The nest was located approximately 380′ away from the camera.