20 January 2016 Lincoln County News: Clary Lake Dam Up for Auction

The Clary Lake Dam in December 2015. Due to a foreclosure, an auction has been scheduled for the Clary Lake Dam on Jan. 29. (Photo courtesy Clary Lake Association)

There’s a well-written, factual article in this week’s Lincoln County News by staff reporter Abigail Adams about the upcoming foreclosure and auction of the Clary Lake dam.

Lincoln County News: Clary Lake Dam Up for Auction

See related article from January 5th in a post on this site entitled Enos assigns Clary Lake dam mortgage to Maine company.

20 January 2016: Clary Lake Association withdraws from settlement discussions

As many of you know, the Clary Lake Association has been in settlement discussions with Paul Kelley to buy the Clary Lake dam for some time now in the hopes that we could end this lake level crisis that is now heading into its 5th year. At the same time we have also been negotiating to purchase the Clary Mill property, either separately or as a “package” which property is owned by Richard Smith of Aquafortis Associates LLC. It’s not that we want to own the Mill (we don’t), we’re only interested in the dam but the properties are so entangled that it is virtually impossible to peacefully purchase and own just the dam without owning, at least briefly, the mill property as well. This is because of the restrictive covenants placed on the properties in 2013 and the red building (with its attendant easements and maintenance issues) on top of the dam, which building happens to belong to Aquafortis Associates.

These and other factors together have horribly complicated what in theory should have been a simple real estate negotiation. Whether by accident or design, the Clary Lake dam has become so hard to purchase and unattractive to own that on the advice of town counsel, the Whitefield Select Board has voted TWICE to waive foreclosure of the dam for unpaid back taxes because of concerns over “legal entanglements.” The first vote was at a Special Select Board meeting on March 24, 2015, and the second just two weeks ago at their regularly scheduled Select Board meeting on January 5, 2016. Back taxes for 2014 and 2015 totaling just $398.87 remain unpaid. Continue reading →

18 January 2016: [UPDATED] Meeting to discuss Coopers Mills Dam proposal this Thursday January 21st

[dropcap]There[/dropcap] will be a meeting on January 21st at 7 PM at the Whitefield School to discuss Coopers Mills dam options. The Coopers Mills Dam Committee will be presenting its findings, options, and recommendations for the Coopers Mills dam. All are welcome, even if you’re not a Whitefield resident.  The following information comes from a Midcoast Conservancy email I received the other day:

Options include: 1. Do nothing; 2. Repair the dam at Town expense; or 3. Remove the dam and create public access along with historical and environmental displays at the dam site, fully funded by the Atlantic Salmon Federation (ASF).

There is an important water source for the fire department behind the dam. There are engineering proposals for alternative sites within the river with some redundancy. These options, which would also be funded by ASF, deserve your careful consideration along with fish passage, historical, community and financial considerations. Please consider attending this meeting to voice your opinion.

Site design from InterfluveAndy Goode with the Atlantic Salmon Federation sent me a site plan (with legend) showing the proposed design for the Coopers Mills dam site. The PDF at left consists of 2 pages, the plan and a legend page that I made from the original PowerPoint presentation, which was quite large. The PDF is still pretty large. To make it easier to view I’ve blown up a section of the original plan and saved it and the legend page in separate files.

13 January 2016: Car Goes into Clary Lake in Jefferson

There’s an article in this week’s Lincoln County News about a car accident in which a car ended up in Clary Lake. The accident occurred just after dark on January 10th. I heard there had been an accident a couple of days ago, and I drove by to take a look but there wasn’t much to see. You could see where the bushes were flattened near the culvert under the road, but there was no other evidence of the accident. Fortunately the driver wasn’t hurt! I don’t have any more details other than what I read in the paper so I’ll just send you there for more information:

Lincoln County News: Car Goes into Clary Lake in Jefferson

05 January 2016: Enos assigns Clary Lake dam mortgage to Maine company

During a routine check of the Lincoln County Registry of Deeds last week I discovered that the mortgage on the Clary Lake dam has been assigned. Arthur Enos, who sold the Clary Lake dam to Pleasant Pond Mill LLC in March of 2006 and took back a $60,000 mortgage on the property, has transferred that mortgage to a Searsmont-based company called Medius L3C by a deed recorded in Book 4962, Page 112. The mortgage assignment took place July 24, 2015 but for some reason the document wasn’t recorded until just a few weeks ago, on December 23, 2015 which explains why nobody was aware of the assignment until now. 

The assignment deed doesn’t say what the consideration was so we have no idea how much Mr. Enos sold the note for; considering that the Clary Lake dam has got to be about the least desirable piece of property to own in the entire State of Maine, and considering that the mortgage has been non-performing for it’s entire 10 year existence (most loans are considered non-performing after being in default for 90 days), one can’t imagine Mr. Enos got much, if anything for it. Mr. Enos did not offer the mortgage to Clary Lake Association, who has inquired about purchasing the note from him several times in the past. Continue reading →

02 January 2016: The Year In Review

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State Representative Deb Sanderson contemplating the Clary Lake dam during a site visit on August 10th. Photograph by George Fergusson

With 2015 behind us, now is a good time to look back and reflect on the year past, what has happened, and what we have, and have not managed to get done. It was a landmark year in a lot of ways, one that saw a level of activity and engagement on the part of the Clary Lake Association and Board that resulted in some significant accomplishments. That said, our primary goal of reaching an equitable settlement with Mr. Kelley and Mr. Smith and resolving the Clary Lake water level crisis has so far eluded us, but certainly not for lack of trying. The Board met 15 times over the course of the past year and spent a considerable amount of time and money pursuing a settlement, so far to no avail. We’re still trying, and while there remains the slightest chance of an equitable settlement, will continue to try, because settling represents the fastest way of resolving the current crisis and restoring Clary Lake and it’s water level to its former status.

While remaining engaged in settlement efforts this past year, we have also been doing everything we could to support the State and the DEP in their legal defense of the Water Level Order (WLO) which has been under concerted attack by the dam and mill owners since it was issued in late January 2014. While I’m confident that the State will ultimately prevail in their battle, the process will take a long time and it will not be pretty. Going forward, simply sitting back and watching the show may not be possible: even with the State doing the heavy legal lifting, the situation may arise in the future where the Association is called upon to play a more active role in the proceedings either by intervening in the anticipated appeal of enforcement action, or in some other manner. Such involvement will not be without costs. The cost of litigation avoided must therefore be considered in any negotiation. Continue reading →

01 January 2016: December 2015 Water Level Chart Archived

12 waterlevelchart_December2015I’ve archived the December 2015 Water Level Chart (at left). The most notable thing about it is that for the first time since the Clary Lake Water Level Order (WLO) was issued in late January 2014 the lake level is more or less where it should be this time of year. I already wrote about this back on December 27th so I won’t say more about it now. You’ll also notice the area of the chart between 0″ and 24″ below the top of the dam (left hand scale) is now shaded to make it easier to see when the lake level (red line) is within the allowable 24″ range.

We received 4.7″ of precipitation in December, a little more than normal. However, the total precipitation for the year of 36.8″ was still 7.2″ (or about 2 months worth) short of  the 44″ we typically receive in a normal year. For comparison we were a little over in 2014 (46.9″) and a little under in 2013 (40.2″).

13 waterlevelchart_2015

It remains to be seen where the lake level it going to go this winter. As of yesterday afternoon the gate was still about 95% closed and if it remains that way the lake level should remain in the “allowable” range until spring. Normally, with much of the winter precipitation tied up in the form of ice and snow, runoff is usually less during the winter months. With the hole in the dam letting out more water than the gate, it is entirely likely the lake level will fall below 24″ before long. Time will tell.

27 December 2015 VIDEO: Clary Lake Dam Flows

[dropcap]With[/dropcap] the lake level up around -22″ below the top of the dam, even with the gate about 95% closed there is still a lot of water flowing out of the lake. However, judging from this video, there is even more water flowing through the hole in the dam which is located above and to the left of the outlet pipe. The amount of water flowing through the cracks to the right is inconsequential.

 

27 December 2015: Lake Level now where it should be this time of year

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The December 2015 water level chart for the day after Christmas showing the lake level has finally risen above -24″ below the top of the dam and is now in the allowable range for lake levels under the Clary Lake water level order.

[dropcap]Sometime[/dropcap] late on Christmas day the lake level, which has been gradually rising for the past few weeks, finally rose above -24″ below the top of the dam. This marks the first time since the Clary Lake Water Level Order was issued in late January of 2014 that the lake level has actually been at or near where it is should be for a particular time of year. Yes, it has been higher a few times in the past few years, and in fact it came within 12″ of the top of the dam last spring, but at that time it was still a foot short of where it should have been at ice out. And while it’s nice to see the lake more or less where it should be going into winter (at or near 2 feet below the top of the dam), we could really have used the water this past summer when the lake sat for months at historic lows, to everyone’s dismay. Continue reading →

10 December 2015: Maine VLMP Fall 2015 Newsletter now available

The Maine Volunteer Lake Monitor Program’s Fall 2015 newsletter “The Water Column” is now available for download or viewing online. It’s a good read.

The Clary Lake Association is a contributing member of the Maine VLMP and has been actively supporting the VLMP and collecting water quality data on Clary Lake since 1975.

01 December 2015: November 2015 Water Level Chart Archived

11 waterlevelchart_November2015I’ve archived the November 2015 water level chart (at left). It is rather unremarkable, I suppose. The dam’s gate remains about 90% closed, or thereabouts. While we received enough rain during the month (2.66″) to bring the lake level up a total of 10.8″ it still fell 3.00″ (at the rate of about 1/4″ per day) over the course of the month because more water than required to supply the minimum flows is being released from the lake (see: Minimum Flows Explained). The net result was that the lake started out the month at 45.60″ below the top of the dam and ended up only 7.8″ higher, at -38.52″ below the top of the dam. While this is an improvement over the abysmal lake level we suffered with all summer, it is still way too low: the lake is currently almost a foot and a half lower than it really should be this time of year, going into freeze up.

DSC_0568DSC_0567And that’s a pretty important foot and a half of water that is still missing, as the pictures at left will show. I took these yesterday. While the channel is now full and the water has overflowed the channel banks some, most of the 300 acres of wetland at the outlet end of Clary Lake is still high and dry.

The only good news to report I suppose is that after a very dry summer and fall, the runoff multiplier is back to something approaching normal (4X) indicating that ground water supplies have been largely replenished from recent rains. That said, we haven’t fully caught up yet. With only 32″ of precipitation to date, we’re still about 7″ below normal and I doubt in the next month we’ll reach the annual average of 44″ for our area.

25 November 2015: Full Moon rising over Clary Lake captured on Clary Cam2

moonrise-4I mentioned to David Hodsdon earlier today that tonight’s full moon was going to rise on a true azimuth of about 68.7° or about 10° to the left of the current edge of the field of view of Clary Cam2. David decided to adjust where the camera pointed this afternoon so as to capture the full moon rising. The picture at left is the result. The moon doesn’t rise in the same place each month. The point at which it crosses the horizon on it’s way up moves towards the north in the summer and fall and back towards the south in the winter and spring. By next June it will be rising over the State boat launch as seen from the location of Clary Cam2.

There are a few more pictures of this moon rise in the Webcam Picture Gallery. It’s possible that Venus, Mars, and Jupiter will be visible tomorrow morning about 4:30 AM. I won’t be up then but Clary Cam2 will start taking pictures at 4:00 AM. We’ll see what it captures.

17 November 2015: New Clary WebCam added to the site

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Clary_Cam2

We now have a second web camera on Clary Lake! David Hodsdon decided he wanted to set up a web camera on his own shoreline so he bought one and today we got it hooked up and running. It’s identical to mine which made the back-end setup a breeze. The new camera is designated Clary Cam 2 (the original is Clary Cam 1) and it is attached to a tree on the shore about 150′ east of Hodsdon’s Point and it is looking directly towards the State boat launch which bears just about exactly East South East (114° True) from the camera. This means it will be capturing sunrises in the fall and spring as well as the occasional moon rise. Like the original camera, this one uploads a picture to the website every 2 minutes  from 4:00 AM until 9:58 PM every day and 7 days worth of images are stored in an archive that you can peruse with a browser.

I’ve made a new Clary Lake WebCams page that shows both current camera images side by side. You’ll find the page listed under the Pictures navigation menu heading. You can click on the pictures for full sized versions, or you can click on the Camera link at the top of each image and go to that camera’s own page.

Both cameras allow people to login to them to view remote, real-time video. See the individual Camera pages for Clary Cam 1 or Clary Cam 2 for instructions.

Meeting Reminder: Property Tax Abatement Information Meeting this Tuesday 11/17

[dropcap]Just[/dropcap] a quick reminder that the Whitefield Select Board will be holding an informational meeting at 6:00 PM this coming Tuesday November 17th for people who filed property tax abatement requests this past fall. The meeting will be held at the Whitefield Fire & Rescue building, Townhouse Road (map). This Select Board sent a letter last week to interested parties which was posted here (see below).

10 November 2015: Whitefield responds to Clary Lake shore owner abatement requests

[dropcap]The[/dropcap] Whitefield Select Board is sending the following letter to Clary Lake shore owners that filed property tax abatement forms recently. According to the letter, all the abatement requests were made too late to apply to the 2014/2015 tax year, a mistake I expect will be easy to remedy. It does appear that the Whitefield Board members are being proactive and showing concern and understanding for the situation faced by Clary Lake shore owners.

Whitefield_abatement_response_11-10-2015

05 November 2015: Whitefield Selectmen to Hold Meeting on Clary Lake Abatement Requests

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.

Continue reading →

02 November 2015: New “Minimum Flows Explained” Page

Screen shot from the StreamStats program showing Clary Lake and the various streams making up the watershed.

Screen shot from the StreamStats program showing Clary Lake and the various streams making up the watershed.

I’ve been working on a page that explains minimum flows for a while now, and I guess it’s close enough to done for general consumption. I’ll update it from time to time as my understanding of this subject grows or new information becomes available. You’ll find the page under the Programs/Education main menu heading. Here’s a link to it:

Minimum Flows Explained

The picture at left is from the new USGS StreamStats hydrology mapping system, a really cool web-based application that lets you investigate watershed and stream flow data, from that small stream flowing through your back yard to the 145 square mile Sheepscot River drainage basin just like you knew what you were doing. I discuss the StreamStats program and how it might be used on the Minimum Flows Explained page.

Questions or comments are welcome. If anyone finds any errors or broken links please let me know.

31 October 2015: October 2015 Water Level Chart Archived

10 waterlevelchart_October2015[dropcap]I’ve[/dropcap] archived the October 2015 water level chart (at left). The most notable thing about it is that sometime during the weekend of October 17/18 the gate on the dam was almost completely closed. The gate had been wide open since October 13, 2012. The gate still remains open about 3″ or 4″ or so, presumably so as to provide the minimum outlet flows calculated for Clary Lake and required in the Clary Lake water level order (WLO). Regrettably, the gate opening still allowed too much water to be released as the lake level continued to fall albeit at a somewhat slower than usual rate: the lake level dropped 0.15′ (1.80″) over the next 10 days (0.18″ per day; normal for this water level would be 0.25″ per day) until the 29th when we received 2.3″ of rain in one intense 12 hour storm. That the lake continued to fall after the gate was lowered clearly indicates that outflows from the dam exceeded inflows into the lake by measurable amount, which means too much water was being released. In my copious spare time I’ve been working on a post about minimum flows but it’s not ready so I’m not going go into them now. Minimum flows are fully explained in the Department of Environmental Protection Rules, Chapter 587: IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS. While that’s not an easy document to wade through, it makes for interesting reading and fully explains the the purpose of minimum flows.

[dropcap]At[/dropcap] 45.84″ below the top of the dam, the lake level is higher now than it’s been since May 21st of this year. As high it seems that is still more than 2′ lower than it should be this time of year (no more than 2′ below the top of the dam). The 2.3″ rainstorm on the 29th brought the lake level up 8.76″ for a runoff multiplier of 3.8x which is still a little low indicating that runoff is somewhat reduced because the ground is still relatively dry and a lot of the rain is soaking in rather than running off. Average yearly rainfall for our area is about 42″ and as of the end of October, we’ve received only 29.41″ or more than 12″ less than normal, and only 2 months to make up the difference. Unlikely.

[dropcap]I[/dropcap] hate taking my boat out and I usually put off hauling out in the fall as long as I can. I think however I will take advantage of this increased lake level and haul my boat out tomorrow.