26 December 2013: Pleasant Pond Mill LLC files motion for extension to comment period

expect_delaysPleasant Pond Mill LLC has just submitted a request to Presiding Officer Parent for an extension to the comment period provided to review and comment on the Draft water level order:

MOTION REQUESTING ADDITIONAL TIME TO REVIEW AND COMMENT

The comment period deadline is currently 5 PM next Monday, 30 December.

Having now carefully read Mr. Kelley’s motion for extension for the second time, all I can say is that I am sorry that this DRAFT water level order didn’t come at a more convenient time for him, I’m sorry that he hasn’t been able to consult with his attorney, and I’m sorry that his travel plans will interfere with his attention to this matter. The fact of the matter is, Mr. Kelley should have seen this coming. He has had amply opportunity over the past 2 years to present his side of this matter but the time for talking is now over: the evidence has been heard, the decision made, and the sentence is about to be imposed.  Mr. Kelley better get busy. It’s time to get to work.

 

26 December 2013: Gillette comments on Draft Water Level Order sent to DEP

speakingThomas Gillette has submitted his prepared comments to the Department of Environmental Protection and the Service List  in regard the recently issued DRAFT Clary Lake water level order. They are short and to the point.

Thomas has been an intervener in these proceeding from the start and he testified at the public hearing back in August 2012. He is a long-time Clary Lake Association member and resident on Clary Lake though he is currently no longer a land owner himself. He has written these comments on behalf lake shore owners Kate Seba, Christopher Gillette, and Baxter Gillette as well as his next door neighbor lake shore owner Ken Rapp:

Gillette comments on Draft Water Level Order

Many thanks to Thomas for his continued support and assistance in this matter.

25 December 2013 Lincoln County News: DEP Seeks Comments on Draft Clary Lake Water Level Order

paperThere’s a comprehensive, fact-filled article in this weeks Lincoln County News about the Draft Clary Lake Water Level Order:

DEP Seeks Comments on Draft Clary Lake Water Level Order

We’re still out of power today, Christmas day. I’m still running on battery backup so I can only afford to stay online briefly. I have hopes they’ll get the ice storm damage repaired and the electricity flowing soon. If you’re in an area without power, remember to check on your neighbors.

DEP Seeks Comments on Draft Clary Lake Water Level Order [Archived Copy]

Cut wood, carry water. Merry Christmas Everyone 🙂

24 December 2013: Day before Christmas, Newspaper Articles, Ice storm Shenanigans, No power

runningWe’re without power here in Whitefield- I’m online now as long as I keep running on the treadmill… I wanted to let everyone know there’s an article in today’s KJ about the draft order:

DEP issues draft plan for Whitefield’s Clary Lake Dam

I was interviewed on the phone Monday for that, also for an article that will appear in the Lincoln County News tomorrow. I’ll post a link if and when I get back on line.  Stay warm everyone.

DEP issues draft plan for Whitefield’s Clary Lake Dam [Archived Copy]

22 December 2013: Clary Lake Webcam back up and running

12-12-2013-campicI’ve noticed a number of people checking in on the webcam only to find that it hasn’t been running. I’ve had a few issues with it and haven’t had the time to dig into them until now. The cam software also puts a not insignificant load on my computer, using memory and slowing it down when I’m trying to work.  For that reason it won’t be running all the time, but I’ll try and boot it up when I’m not working. The picture at left is what it looks like outside the window right now… gray and dreary with everything covered with ice.

Update: I had a file permission problem on the server, just resolved. You can now look at the cam window in the right hand side bar and see whether the web cam is running.

21 December 2013: Thoughts on the DRAFT Clary Lake water level order

finish-line-aheadA number of people have asked me for to explain the DRAFT Clary Lake water level order that was issued the other day. It is a very detailed and complex document with many subtle (and some not-so-subtle) elements and there is certainly a lot to ponder. I have reviewed it at length and will state for the record that I think the water level order is FANTASTIC. It is essentially what we asked for, and it was worth waiting for.  I have begun preparing comments on behalf of the Petitioners to submit to the Department and which are due on or before December 30th, so I’m not going to go into a lot of detail now. I will however go over the highlights.  I encourage everyone to read the actual ORDER and if you have any questions or comments, please send them to me.

The first 11 pages of the draft order constitute a Findings of Fact and a review of the evidence that the Department considered in making their decision. It is totally worth reading, especially C. “TITLE, RIGHT, OR INTEREST” on page 6 of 16. The WATER LEVEL ORDER proper starts on page 11. The major elements of the order are as follows: Continue reading →

19 December 2013: WE HAVE A WATER LEVEL ORDER

dep-logo-customLate this afternoon, the Department of Environmental Protection issued a draft water level order for Clary Lake.

According to the cover letter accompanying the order, interested parties have until the close of business Monday, December 30 to submit written comments.

[ORIGINAL] Draft Clary Lake Water Level Order  (2.0 megs)

A few people have had trouble sucking down the file due to the size.  By sacrificing some image quality I’ve managed to reduce the file size to a mere 832 K:

[COMPRESSED] Draft Clary Lake Water Level Order (832 K)

The draft Clary Lake Water Level Order can now be viewed on the Department’s website at http://www.maine.gov/dep/comment/index.html.  The specific URL is: http://www.maine.gov/dep/comment/comment.html?id=610700

I am still reading it. I’ll provide a summary shortly.

17 December 2013: The water level petition takes a big step forward

eyesI called and spoke with Assistant Attorney General Thomas Harnett this afternoon, he’s been handling the 2 Clary Lake petitions (the water level petition and Kelley’s petition for release from dam ownership or water level maintenance). It turns out that Mr. Harnett was in a car accident this past fall and he has been away from work for some time recovering. Apparently, the draft water level order has been sitting on his desk awaiting his return.

Mr. Harnett told me when we spoke today that he has recently returned to work and as of this morning had completed his review of the draft Clary Lake water level order and returned it to the Department. While Mr. Harnett didn’t know what the Department’s plans were, it is reasonable to assume now that AG review of the draft water level order is complete that there is little to stop the Department from issuing the water level order in short order. A number of sources have indicated the water level order could be issued any time including most recently Senator Christopher Johnson’s correspondence which cited the Senate Chair of the Natural Resources Committee, Senator Jim Boyle as saying that DEP Commissioner Aho had indicated the order would be released “in early December.” It would appear now that the hangup has been waiting for Mr. Harnett to return to work.

I did not ask Mr. Harnett for details of the water level order and he didn’t volunteer any. As I understand it, the Presiding Officer will issue the water level order as a Procedural Order and interested parties will be given an opportunity to review it and comment. From past experience I would expect the comment period to be at least 2 weeks and possibly as much as a month. That’s about as much speculation as I’m going to engage in just now.

10 December 2013: The Fall 2013 Water Column, a publication of the Maine Volunteer Lake Monitoring Program

secchi_diskThe Maine VLMP has published their Fall 2013 newsletter “The Water Column” and with 24 pages packed with pictures and information, it’s well worth downloading.  Also available at that page are previous issues of The Water Column dating back to 1999. The Clary Lake Association has been a supporting member of the VLMP since 1975. See our Volunteer Lake Water Monitor Program page for more information.

One of the articles I found particularly interesting is the one about the invasive Chinese Mystery Snails which I have seen in Damariscotta lake. They’re not in Clary Lake that I’m aware of, at least not yet anyways. They’re prepared a cool Google map showing the lakes in Maine where this snail has been identified.

They’ve also got a new web site Lakes of Maine which I’ve only just started looking at. Lots of cool information including the above map about Chinese Mystery Snails.

10 December 2013: Clary Lake Water Level Petition Update

senator_johnson

Senator Chris Johnson

Looking back, I see I haven’t posted to this site since November 21st. There are several reasons for this, the primary one being I didn’t have any good news to report and for another I’ve been rather busy with work, which is a welcome change. Today I received an email from Aaron Miller, Whitefield Town Clerk with a couple of documents from Senator Chris Johnson. One is a letter dated 11 September 2013 to DEP Commissioner Patricia Aho and the other is a letter to the Whitefield Selectmen just last week dated 05 December 2013.  The letter to the DEP Commissioner was posted to the Town of Whitefield’s Facebook Page today. I thought I’d post them here.

I’ve been in close contact with Senator Johnson around this issue for the last year and a half and I’ve found him to be sympathetic, very responsive, and very helpful. He had sent a letter to Commissioner Aho back in late August of this year, asking for an update on the status of the water level petition. I corresponded with him on September 9th at which time he told me of a response he’d received from the Commissioner the previous week stating that it would likely be another 6 weeks before the order was issued (implying a date of somewhere around the end of October). He also told me he intended to respond to her and he did send the following letter, which I had not seen until today:

11 September 2013 Letter to Commissioner Aho

Here’s Senator Johnson’s response to a letter from the Whitefield Selectmen:

05 December 2013 Letter to Whitefield Selectmen

Continue reading →

19 November 2013: Whitefield residents vote not to pursue dam ownership. Again.

img_4059-mediumAt a special Whitefield town meeting tonight, Whitefield residents voted not to pursue ownership of the Clary Lake dam just like they did at a similar meeting held last spring. I don’t know about anyone else, but I certainly didn’t expect a different outcome. At least the meeting was well attended! Jefferson held their own special meeting last night and only about 20 people showed up. They too voted (again) not to pursue ownership of the Clary Lake dam and the meeting was over in less than 5 minutes. It was over so quickly that Paul Kelley, who arrived a few minutes late, was walking into the  meeting while everyone else was walking out.

img_4069-smallPaul Kelley was at tonight’s meeting as was Richard Smith, Manager of Aquafortis Associates LLC. Ellis Percy, President of the Association stopped by long enough to present Kelley with a revised offer on the Clary Lake dam. So far, attempts to meet with Kelley to discuss the Association’s purchase of the dam have been unsuccessful but we remain optimistic that the Association will end up owning the dam sooner or later.

Tonight’s meeting pretty much wraps up Kelley’s obligations under the statute. Next step is his consultation with the Department of Environmental Protection.

16 November 2013: Benefit Supper for Rusty Althenn

Benefit Poster

I received the following email (and the above poster) from Stan York today.

Hi George,

I wanted to ask if it might be possible to have the Clary Lake Association help us get the word out about a benefit dinner being held for one of our camp owners. Rusty Althenn, who’s wife Patty I believe is a member (they own the camp to the right of ours on the lake), has had some medical issues lately that resulted in the loss of kidney function and regular dialysis treatments. The community here in Palermo and South China where we live is responding with a Benefit Spaghetti Supper to be held at Erskine Academy in South China this Saturday from 5-7pm. We are also having a Silent Auction and a 50/50 Raffle. We are hoping to raise money to help them with medical bills, as he has spent the last few weeks in and out of the hospital in Portland (and now traveling regularly to Augusta/Waterville for dialysis treatments).

I know that Patty and Rusty are very well known on the lake, and I am not sure how to get the word out to a lot of the people who see them regularly during the summer months. We were hoping maybe we could get the poster for the benefit on the Association website, or maybe forwarded to your group e-mail list.

Let me know your thoughts, and we appreciate anything you can do!

Thanks,
Stan

Stan York
P O Box 51
Palermo ME 04354
207-993-2851
800-940-1596

 

New research raises additional concerns about algae blooms

anabena03We know algae blooms represent an unhealthy condition in the lake environment brought about in large part by excess phosphorus and that decomposing cyanobacteria besides being unsightly can release compounds toxic to fish and animals, but now we have an additional reason to be concerned about blooms: new research by scientists in Australia and the US have found clear links between certain toxins produced by the blue-green algae responsible for algae blooms (cyanobacteria) and Motor Neuron Diseases such as Alzheimer’s, Parkinson’s and Lou Gehrig’s diseases.

There has been increasing evidence of a link between motor neuron disease and the consumption of food or water contaminated by blue-green algae but it wasn’t clear how the algal toxin was damaging the central nervous system. It turns out that blue-green algae (cyanobacteria) produce a neurotoxic amino acid called β-methylamino-L-alanine, or BMAA. BMAA mimics an amino acid called serine that is used to make human proteins. BMAA is mistakenly incorporated into human proteins in place of serine, resulting in damaged proteins which over time, build up to toxic levels and kill the cells.

Here’s an article describing the research around this issue:

Breakthrough discovery links blue-green algae with motor neuron disease

This issue was first brought to my attention last month by Jack Holland who forwarded me an article from Lake Champlain International about the public health consequences of blue-green algae blooms. Now, I don’t think we’re seeing levels of blue-green algae in Clary Lake sufficient to create dangerous concentrations of cyanobacteria toxins but it certainly gives us another reason- as if we needed one- to do everything we can to prevent algae blooms by limiting the amount of phosphorus that enters Clary Lake. Phosphorus transport mechanisms are well known as are the ways to mitigate them. This is the primary motivation behind the Clary Lake Watershed Survey. We’ll post more about this as it becomes available.

07 November 2013 Lincoln County News: Whitefield residents to vote again on Clary Lake dam

thumbs-down-customKathy Onorato of the Lincoln County News attended the Whitefield Selectman’s meeting last Tuesday night and has written an article about the meeting that has appeared in this week’s paper. The November 19th special town meeting will be held at 7 PM at the Whitefield Elementary School, same place as last time:

Whitefield residents to vote again on Clary Lake dam

The wording of the article is the same as the first time around which was recommended by the Maine Municipal Association:

To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to negotiate an agreement to accept ownership of the Clary Lake dam, including all property rights owned by the dam owner and necessary to maintain and operate the dam, on such terms and conditions as the Selectmen deem advisable, subject however, to final approval by the voters before the Selectman execute the agreement.

Only a lawyer could have come up with that wording! For comparison, here’s the article the residents of the town of Jefferson will be voting on (see yesterday’s post):

To see what action the Town will take regarding ownership of the dam on Clary Lake located at 103 Mills Road in Whitefield.

Regardless of the wording of the articles, the outcome of the meetings is not in question: the residents of both towns already voted not to have anything to do with the dam.

05 November 2013: Jefferson schedules public meeting

town-meeting-customThe Town of Jefferson has scheduled public meeting for Monday 18 November at 5:30 PM to consider and act on the issue of dam ownership. The meeting is being held at the Jefferson town office. This is one day before the Town of Whitefield public meeting being held for the same purpose. The actual wording of the article is:

Article 2: To see what action the Town will take regarding ownership of the dam on Clary Lake located at 103 Mills Road in Whitefield.

This is pretty much the same wording as the last time they held a meeting and the outcome of the meeting will undoubtedly be the same. The Selectmen have decided to send a letter to the DEP expressing their concern over their lack of action on the matter of a water level order for Clary Lake.

28 October 2013: Kelley request for Board of Environmental Protection jurisdiction over his petition

eyesPaul Kelley has sent a letter to DEP Commissioner Patricia Aho requesting she give up jurisdiction over his company’s petition for release from dam ownership or water level maintenance to the BEP (Board of Environmental Protection). He copied IF&W Commissioner Chandler Woodcock and the towns of Whitefield and Jefferson:

It is not a foregone conclusion by any means that DEP Commissioner Aho will relinquish jurisdiction to the BEP, nor is it clear what Kelley would expect to gain by having the BEP take over his petition. From a DEP information sheet:

BEP Jurisdiction Requests. People may request that the Board assume jurisdiction over a filed application within 20 days after D.E.P. accepts it as complete for processing. Such a request must satisfy Section 17 of Chapter 2. Board jurisdiction is not available for windpower development projects.

I think it is unlikely the DEP Commissioner Aho will go along with this jurisdiction change request and I think to do so would be a unconscionable waste of government time, money, and resources especially considering that Kelley has a couple of offers to purchase the dam. Those wishing to delve into this further can find Chapter 2 here:

Rule Chapters for the Department of Environmental Protection

 

25 October 2013 Lincoln County News: Whitefield sets date to vote again on Clary Lake Dam ownership

dohThe slow motion train wreck continues: the Lincoln County News reports that the town of Whitefield has scheduled yet another public meeting for Tuesday, November 19th to “consider and act” on the question of dam ownership. Again. Apparently, back on September 27th Paul Kelley really did file a new petition, replacing his original petition filed back on April 2, 2013. DEP’s Kathy Howatt originally stated that she believed Kelley was trying to correct deficiencies in his original petition resulting from a failure to properly provide public notice and that as such the towns wouldn’t be required to hold public meetings again.  In fact, when I spoke to her late afternoon on September 27th, she said that he hadn’t filed a new petition at all but had filed a request for a 180 day extension.

Now apparently DEP has concluded that Kelley really did file a new petition which is what Kelley has maintained all along. Boy I’m glad they finally got that straightened out.

Whitefield sets date to vote again on Clary Lake Dam ownership

This means Jefferson will also be required to hold another public meeting though the selectmen haven’t indicated they intend to do so, at least not yet anyways.