13 August 2014 Lincoln County News: Whitefield Selectmen to write State Officials About Clary Lake

George Fergusson, left, of the Clary Lake Association and Tom Hayes, Whitefield’s assessors’ agent speak to the Whitefield Board of Selectmen Aug. 12. (Kathy Onorato photo)

At their regularly scheduled meeting last Tuesday night, Whitefield Selectmen voted to write a letter to State officials expressing concern over Paul Kelley’s obstinate refusal to implement the Clary Lake water level order, according to an article in this week’s Lincoln County News by Kathy Onorato. In a brief telephone interview on Wednesday, Kelley complained about not having been notified that his company, Pleasant Pond Mill LLC, was going to be discussed at the meeting. For the record, I was at that meeting and the name “Pleasant Pond Mill LLC” was not mentioned once that I can recall though Mr. Kelley’s name was used numerous times. Also for the record, the Selectmen’s agenda was published on the Town’s facebook page on Monday. Apparently Mr. Kelley is not following that page:

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08 August 2014: New Website Permalinks

Some of you might have noticed a change to the link structure in use on our website. The original “?page_id=266” and “?p=2243” links have been replaced with a human readable “post-name.” For the most part this will be transparent and not require any thought or action on your part. If you have links you’ve saved in your browser for favorite pages, they’ll still work, you’ll just be automagically redirected to the new link. For example, if you point your browser at:

https://clarylake.org/?page_id=266″

you’ll be redirected to:

https://clarylake.org/current-water-level-charts/

One of the reason for this change is to make the links more human-readable, the other is to take advantage of page caching which should help with site performance. I’ve done a fair amount of testing and I don’t think anything is broken but if you find something that isn’t working, please let me know. Thanks.

03 August 2014: Yet Another Successful Annual Association Meeting

We had a good meeting of the Clary Lake Association yesterday, reasonably well attended though I had expected a somewhat larger turnout given how much we promoted the meeting. I remain somewhat chagrined that so many Clary Lake shore owners either aren’t interested in joining the Association or just can’t be bothered. I’m also surprised that some folks actually show up for the meetings, but are still unwilling to join! What’s up with that? The Clary Lake Association is dedicated to preserving, protecting, and enhancing the natural beauty, and quality of Clary Lake and its watershed. Everyone who owns land on Clary Lake should be a member, without exception.

The membership unanimously voted to adopt the Proposed Revised Bylaws. After the work the Bylaws committee put in on them over the past year, it would have been disheartening to say the least if they had been rejected! Furthermore, we got some good feed back from the membership to guide the Bylaws committee in revising the Membership and Voting Rights language to be voted on at next year’s meeting. I’ll finalize the newly adopted bylaws and post them on the website as soon as I get a round tuit. Continue reading

01 August 2014: Yet another algae bloom in progress

Jack Holland and I performed out bi-monthly water quality monitoring boat trip this morning and obtained a secchi disk reading of 1.80 meters (5.9′) indicative of an algae bloom in progress. This does not come as a huge surprise since we’ve entered a bloom state about this time of year for the past 4+ years. Still, it was an unpleasant discovery. I’ve posted today’s data on the Clary Lake Water Monitoring Data page. Scott Williams of the Volunteer Lake Monitor Program has been notified of the bloom.

anabena03Algae blooms are caused by the out-of-control growth of blue-green algae known as cyanobacteria. The most common cyanobacteria is Anabena, shown at left. Algae feeds primarily on phosphorus washed into the lake by runoff  and released from bottom sediments in low-oxygen conditions. Undoubtedly the 7.65″ of rain and the resulting runoff we received in July contributed to this bloom, but the lower water levels resulting in reduced lake volume and sediments exposed to wave action and erosion certainly didn’t help any. Here are some pictures of what we can look forward to in about 2 weeks:

dead-blue-green-algae-21august2013img_3895-customimg_3897-custom

 

01 August 2014: So much for repairing the dam!

IMG_20140801_123916According to the Clary Lake water level order today is the day that Paul Kelley was supposed to have completed repairs to the dam and installed a publicly-visible water level gauge. As you can see from these pictures taken just a little while ago, he hasn’t even bothered to cut the tree down that is growing out of the dam let alone actually effect any repairs to the dam. Of course, I’m not surprised since Kelley has yet to do ANYTHING substantive to comply with any requirement of the water level order. Here is the specific section of the Order that relates to today’s deadline:

6. A permanently mounted lake level gauge shall be installed on the Clary Lake Dam by the owner of the dam. The gauge must be marked in tenths of a foot and placed in a publicly visible area on the upstream face of the dam near its outlet. The gauge shall be placed such that the normal high water line, as determined by the procedures outlined in Condition #3, corresponds to an elevation of 0.0 on the gauge. This measurement will be used as a benchmark for observing water level changes and may be used for measuring the height at which the dam gate must be opened above its invert. Provided that the normal high Water line has been established in accordance with Condition #3, the gauge must be installed immediately following completion of the dam repairs as described in Condition #2 or by no later than August l, 2014, whichever comes first.

IMG_20140801_124030Sounds pretty clear to me, but then what do I know? I haven’t heard anything about mediation that is supposed to have started last Tuesday, July 29th. As soon as I find out anything, I’ll post it here.

23 July 2014: Kelley responds to DEP June 19th Communication

Special Condition #4 of the Clary Lake water level order is a requirement that the dam owner have a Professional Land Surveyor establish the historical normal high water level of Clary Lake and transfer that elevation to the dam. The Order required that the dam owner submit this survey to the Department by June 2nd. Paul Kelley did in deed submit something on that date and not surprisingly, it failed to meet the requirements of the Order. On June 19 the Department responded with a letter detailing the shortcomings of his submission. The letter gave him 30 days, until July 21st, to correct the deficiencies in his submission and resubmit the plan. That was a couple of days ago. I got a copy yesterday afternoon and it is sadly but not surprisingly, more of the same old, same old:

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22 July 2014: Enos Property on Clary Lake for sale

Imagine my surprise to find Arthur Enos has put his property up for sale:

$875,000.00 Request More Info
Current
Single Family
5 Br    0 Ba    ±4,000 sqft.
±17.000 Acr.
Clary Lake
MLS#: 1146688
 
Enos Lane is a beautiful year round residence located in Jefferson on Clary Lake. With approximately 17 acres of woods and views of the water, the property offers a secluded, landscaped setting at the end of a private drive with 700 feet of waterfront.

14 July 2014: Anyone missing their dingy?

Your dingy?

This little dingy drifted up to the northwest end of the lake the other day and beached itself on Eleanor Goldberg’s property. She pulled it up on shore. If it’s your boat, come get it or if you know who it belongs to, let them know. Thanks!

Well that didn’t take long. Mystery resolved. It belongs to Rick Gallion 🙂

13 July 2014: Clary Lake has a new Certified Volunteer Lake Monitor

IMG_20140711_130559 (Custom)Clary Lake now has 3 volunteer water monitors certified by the Maine Volunteer Lake Monitor Program: David Hodsdon #HO-0042, Jack Holland #HO-0551, and as of last Friday 11 July 2014, myself (George Fergusson) #FE-2648. I’ve been meaning to pursue certification for some time but finally found the time and initiative to do so. At this time I’m only certified/qualified to collect secchi disk readings and surface-grab Total Phosphorus tests, but I plan to get qualified later this summer on the use of the Association’s YSI Pro20 digital dissolved oxygen meter and the more comprehensive core water sample technique for phosphorus.

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11 July 2014 Kennebec Journal: Clary Lake dam owner and state still at odds

There was an article in yesterday’s Kennebec Journal by staff writer Paul Koenig providing a welcome update on the current circumstances surrounding the Clary Lake water level order. It is nice to see the KJ keeping this issue before the public, rather than letting it fade into obscurity. Paul Kelley was quoted as saying that mediation is to start at the end of this month and that the process is likely to extend into August: “My hope is that all the parties see that the best solution is no longer to fight this but to try to see if there is some constructive solution.” Nonetheless, the spokeswoman for the department said the DEP still expects the dam owner to begin maintaining the higher water levels by Oct. 1. Here’s a link to the article:

If anyone has trouble getting the article off the newspaper site, I’ve saved a local copy:

I was briefly interviewed by phone but I didn’t have a lot to say. The article does not mention whether the spokesperson for the Clary Lake Petitioners and/or the Clary Lake Association (as intervenors in the petition) will be asked to participate in the mediation. While I was quoted as saying that I don’t expect anything to come from mediation, that doesn’t mean I wouldn’t be willing to join in the process.

FYI, the next deadline for Paul July 27th when he has to resubmit his Water Level Survey (which was also deemed “unsatisfactory”) and then by August 1st he is supposed to have completed repairs to the dam, and installed a water level gauge.

The article also mentions the Branch Pond water level order and the recent letter from the Coombs. It remains to be seen how or if the Department chooses to respond to their “declaration.”

03 July 2014: Branch Mills Flower & Grain to ignore their water level order

Stephen and Christine Coombs, owners of Branch Mills Flower & Grain and the dam on Branch Pond have finally responded to the recently issued Branch Pond water level order. Their stance is angry and defiant: they declare the order to be illegal and therefore refuse the order in its entirety. They list a number of reasons for this decision, many of which we’re familiar with, having already heard them from Paul Kelley:

The document was originally sent to a long list of people including Commissioner Aho, and Governor LePage. One wonders if their appeal will resonate with our Governor or piss him off? Continue reading

02 July 2014: Kelley’s Water Level Management Plan Disappoints

Paul Kelley responded today to DEP’s June 2nd letter clarifying the requirements of Special Condition #5 of the water level order and giving him till today to submit a revised Water Level Management Plan (see 03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan). Instead of a revised plan, Kelley responded with 4 separate documents: a letter to Beth Callahan, an email exchange he had with Beth Callahan back in March of this year, a copy of an email from DEP staff person Erle Townsend dated September 20, 2011, and a page of historical rainfall data from the NOAA website.

In short, more of the same. The email from Erle Townsend is the same as Kelley’s “Exhibit L” entered into the record during his testimony at the public hearing back in August 2012. We’ve seen it before. DEP has seen it before. Kelley seems to think it is relevant to the situation. It isn’t. Continue reading

01 July 2014: Kelley to resubmit his Water Level Management Plan July 2nd

Tomorrow is the deadline for Paul Kelley to resubmit his revised Water Level Management Plan, originally submitted on May 2nd and found by the Department at that time to be “unsatisfactory” (see 03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan). However, Beth Callahan is currently on vacation and won’t return to work until July 11th so official Department review of the document probably won’t start until she returns. Nonetheless I expect to obtain a copy of whatever Kelley submits before then, perhaps tomorrow afternoon or more likely, given the upcoming long holiday weekend, first thing next week. When I get a copy, I’ll post it here.

It remains to be seen if what Kelley submits will be an improvement on the original water level management plan. I have my doubts since all he’s done so far is to thumb his nose at the DEP: why should I expect him start acting responsibly now? In just a little over 3 weeks on July 27th he has to resubmit his Water Level Survey (which was also deemed “unsatisfactory”) and then by August 1st he is supposed to have completed repairs to the dam, and installed a water level gauge. Mr. Kelley is going to have a busy summer.

23 June 2014: Clary Lake Association Summer 2014 Newsletter is in the mail!

By now many of you will have received a copy of the Clary Lake Association’s Summer 2014 Newsletter which went in the mail last Friday. It is also archived along with a number of more recent newsletters in the Newsletter Archive. The newsletter goes out to all Clary Lake shore owners regardless of whether they’re members of the Association or not as well as a number of friends of Clary Lake. Feel free to share a copy with your friends.

23 June 2014: DEP Responds to Paul Kelley’s Water Level Survey

“Unacceptable at this time” is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Survey that he submitted to the Department in response to Special Condition #4 of the Clary Lake Water Level Order. If you’re having a sense of deja vu all over again it’s because this this is the exact same phrase the Department used to describe his Water Level Management Plan in a letter sent to him back on June 2nd (see the news article here). Mr. Kelley certainly isn’t scoring very high marks with the Department over his attempts to comply with the Water Level Order… it’s almost like he isn’t even trying:

Special Condition #4, Clary Lake Survey, DEFICIENCY

The letter gives Mr. Kelley until July 21st to submit a survey along with a Condition Compliance Application and a $146 application fee. Mr. Kelley is not considered in violation of the Order at this time, but don’t worry: that will change soon enough.

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16 June 2014: PPM’s meeting with the Army Corps of Engineers canceled

Jay Clement of the Army Corps of Engineers has (wisely) cancelled tomorrow’s inter-agency, pre-application meeting with Pleasant Pond Mill LLC because he believes it is “premature” and a “non-starter” given that Mr. Kelley has so many “unresolved issues” with the DEP, not the least of which is pending litigation. This meeting was to be attended by agency representatives from the Army Corps of Engineers (USACE), the Department of Environmental Protection (DEP), the Maine Emergency Management Agency (MEMA), the Federal Emergency Management Agency (FEMA), the Maine Historic Preservation Commission (MHPC), the Department of Marine Resources (DMR), the U.S. Fish & Wildlife Service (FWS), the National Oceanographic and Atmospheric Adminitration (NOAA), the Department of Agriculture, Conservation, and Forestry (DACF), the National Marine Fisheries Service (NMFS). Also planning to attend were Whitefield Select Board members Tony Marple and Sue McKeen and Assistant Attorney General Thom Harnett. That the meeting was cancelled does not surprise me. What surprises me is that they waited until the last minute to do it 🙂 I can’t imagine a more egregious waste of time, money, and resources than to have all these knowledgeable and important people sit in a room listening to Paul Kelley complain about how the DEP has done him wrong. Clearly, Paul Kelley isn’t going to get any help from the Army Corps of Engineers: Continue reading

06 June 2014: DEP issues FINAL Branch Pond Water Level Order

The Department of Environmental Protection has issued the FINAL Branch Pond Water Level Order, effective today June 6, 2014. The Branch Pond water level petition was filed on December 9, 2008 but was put on hold by the Department for 3 years to give the dam owners time to effect repairs to the dam. Repairs to the dam were not made however, and processing of the petition resumed in December 2011. I have been following the proceedings since the summer of 2012, and I attended their Public Hearing in August 2013 and we’ve been hosting a few pages for the Branch Pond Association on our site for some time now. It is interesting to note that this Order was signed by Commissioner Patricia Aho herself:

branch_pondBranch Pond is a beautiful little pond located in the towns of China and Palermo, at the headwaters of the Western Branch of the Sheepscot River. It is well worth a visit. It’s smaller than Clary Lake but it has numerous islands and large relatively shallow water areas. I’ve been up there a couple of times and but I Branch Pond, Midas #5754haven’t been out on the pond. Yet. I plan to head up there with my kayak later this summer. With my fishing pole. Check out these photographs of Branch Pond. Those showing the impact of low water were part of the Branch Pond Water Level Petition.

04 June 2014: Clary Lake WebCam offline until further notice

I (finally!) upgraded to a new computer running Windows 7 only to discover that the driver for my old Logitech “eyeball” webcam will only work under Windows XP. I tried to run it in Windows XP compatibility mode, to no avail. So I guess until I get a new camera, the Clary Lake WebCam will be offline. It wasn’t the greatest setup anyways, the view of the lake out my office window is largely obscured by trees. Still, it was a pretty popular page, and it was fun to run. Here’s the last picture that was uploaded to the site before I shut down my old system this afternoon:

So for now I’ve taken down the page, and removed the link to it. What I’d like to get is a wireless outdoor camera that I can mount on the deck railing, or perhaps on a tree down by the shore. However that’s not in the budget at this time.

03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan

Unacceptable at this time.” That is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Management Plan in a letter to him dated June 2nd. The plan, one of the requirements in the Clary Lake Water Level Order, was submitted back on May 2nd. The letter goes on to list the plan’s deficiencies and the steps Mr. Kelley needs to take to remedy those deficiencies. It also informed him of the need for a Condition Compliance Application along with a $146 application fee. The letter gives Mr. Kelley exactly 1 month (until July 2nd) to resubmit his corrected/revised Water Level Management Plan along with his application and application fee. Mr. Kelley is not considered in violation of the Order at this time.

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