15 August 2013 Lincoln County News: DEP and DLWA discover hydrilla outside Cranberry Cove

2009hydrillacroppedneansAn article in this week’s Lincoln County News reports that the DEP and DLWA (Damariscotta Lake Watershed Association) representatives have found the invasive plant hydrilla outside the cove in which they had hoped it had been confined. Hydrilla which is one of the most notorious of the invasive plant species found in Maine was discovered in Damariscotta Lake some years ago. Efforts have been underway to confine and remove the plant. This is the first time the plant has been found outside the confinement area since 2009. The thumbnail at left is a stock photo of hydrilla which looks a lot like the common, non-invasive plant of species Elodea which is found in Clary Lake.

DEP and DLWA discover hydrilla outside Cranberry Cove

This is disturbing news because Damariscotta Lake is only a few miles down the road. We’ll be posting more information about invasive plants in the very near future.

14 August 2013: Avian Haven Loon Update and about that dead loon from last summer…

img_2173__medium_I got an email update from Diane at Avian Haven today reporting that the loon they’re taking care of is showing signs of improvement and an added surprise- she was able to track down some information about the loon that turned up dead over by the shore by Hodsdon Lane last year in July (picture at left). I had mentioned to her that we’d found a dead loon and that it had been sent to Tufts University but we hadn’t heard back anything. At the time my State Wildlife Biologist friend Keel Kemper told me that Loon-on-Loon fighting was a common cause of loon mortality. It would appear that was the case with the bird from last summer.

George — I am happy to report that your loon lived the night and is showing slight improvement today.  She had refused fish yesterday afternoon, but ate quite readily this morning.  She is also spending more time in the water and less time on the haul-out.  She is still quite lethargic, preferring to drift quietly rather than swim around (much less dive),  but we are seeing some signs for the better, and are hopeful that they will continue. 

Continue reading →

13 August 2013: Loon crash lands on Route 215, ends up at Avian Haven

Loon RestingI got a phone call today while making lunch that made me turn down the radio and ask if I’d really heard what I thought I heard. Jack Holland called to tell me that his son Taylor and a friend had found a loon that had been “hit by a car” somewhere over by the State boat launch. I grabbed my camera and headed over but I was looking for someone with an injured loon on the side of the road, not a concrete forms truck parked in the driveway leading to Clary Knoll Farm. I should have stopped to ask because that was them. Jack called me again and confirmed that was them so I headed back over and found they had just made the hand off to some volunteers from Avian Haven, a wild bird rehabilitation center in Freedom. The bird had been found sitting in Route 215 near the end of the Sennott Road.

I spoke briefly to the people who had come to pick up the bird but they had already put it in the back of the car and obviously wanted to get going. They told me to contact Avian Haven. I did when I got home, sending them an email. I received the following response a bit ago: Continue reading →

13 August 2013: Lake Water Quality Update

secchi_diskDavid Hodsdon reports that the lake water quality has improved from 2 weeks ago when an algae bloom was rapidly developing. The secchi disk reading at 9.84′ was almost double the last reading and they observed “particulate matter” on and just under the surface which undoubtedly the decaying carcasses of the blue-green algae that were causing the bloom. I’ve updated the Clary Lake Water Monitoring Data page with the data David and Jack collected yesterday.

Speculating wildly, it is likely the cooler weather and slightly lower water temperature that brought about the demise of the cyanobacteria. We’re not out of the woods yet; the most serious blooms we’ve had in recent years have been in late August and September.

12 August 2013: DEP Procedural Order #8 Issued

dep-logo-customThe Department wasted no time in addressing my submission last Friday of Kelley’s Covenants, issuing this afternoon Department Procedural Order #8. The Order is short and sweet as is the time given for comments: 3 days. The Order included an updated Service List, a copy of my email, and  all 17 pages of the Declaration of Restrictive Covenants. The Order proper is short:

On August 9, 2013, GEORGE S. FERGUSSON, spokesperson for the petitioners, submitted to the Department correspondence stating that a flow restriction of no greater’ than 50 cubic feet per second had been placed upon the Clary Lake Dam. As support of this statement, Mr. Fergusson submitted a Declaration of Restrictive Covenants, which was stamped as recorded on August 5, 2013 at the Lincoln County Registry of Deeds in Book #4696 on Page #59.

Future Course 0f Proceeding:

Parties may submit written comments on this documentation to the Department no than August 15, 2013. Comments must be copied to all parties on the Service List.

DONE AND DATED IN AUGUSTA, MAINE, THIS 12th DAY OF August, 2013.

DEPARTMENT OF ENVIRONMENTAL PROTECTÍON

Heather L. Parent, Presiding Officer and Policy Director

Here’s a copy of the order:

L22585BN_Procedural Order_8.pdf

12 August 2013: Your Association dues are (over) due!

join_or_renew_todayOur treasurer Linda Gallion tells me that she’s received only 44 membership renewals so far this year. The majority of our members pay up at the Annual meeting but this year a number of people showed up for the meeting but must have forgotten their checkbooks. It is not unusual for membership renewals to trickle in for a while after the annual meeting. It’s not too late! Dues are $25 and you can sign up online if you want.

For an Association pep talk, check out our Benefits of Membership page or go directly to the Signup or Renew your Membership Online page. Our membership year runs from annual meeting to annual meeting.

09 August 2013: Fergusson appeals to Department (again) to dismiss Kelley’s petition

dead_endFor the second time I have written a (lengthy) letter to Kathy Howatt, the DEP staff person in charge of Kelley’s petition for release from dam ownership or water level maintenance, requesting the Department dismiss Kelley’s petition with prejudice immediately. I’m sure they won’t, at least not immediately but when the 180 day consultation period arrives around the end of September and Kelley waltzes into Kathy Howatt’s office and says “I’m here for my breach order” I am confident he will get sent packing with instructions to go home and not come back. You can only get away with so much in this life. Eventually your actions catch up with you and so too they will catch up with Kelley. He’s about out of road.

I copied the email to a bunch of other people. I am not going to post my letter on the website however because I don’t want to give Kelley the satisfaction of reading it. Kelley can request a copy from Kathy Howatt if he wants; I’m not going to give him one. Not surprisingly, Kelley is one of the most frequent visitors to this website. Hardly a day passes that he doesn’t come on the site, review recent posts and check out the water level charts.

If anyone else wants a copy, email me and I’ll be happy to send you one.

09 August 2013: Fergusson notifies Petition Service List of Kelley’s Covenants

time-running-out_0I just sent the following email to the Clary Lake water level petition Service List notifying everyone of what will inevitably turn out to be Kelley’s latest useless and futile move to hamstring the Department and usurp their authority. I also spoke this morning with Kathy Howatt, the DEP staff person handling Kelley’s petition for release from dam ownership. She was unaware that Kelley filed restrictive covenants on the dam property and she didn’t sound particularly happy to be finding out about it from me- grateful to be informed, but not happy. For Kelley, time is running out.

Hi Beth:

I want to bring everyone’s attention to a recent change in the legal status of the Clary Lake dam property representing Pleasant Pond Mill LLC’s latest attempt to usurp the authority of the Department of Environmental Protection. Last Monday afternoon, August 5th, Mr. Kelley recorded a Declaration of Restrictive Covenants at the Lincoln County Registry of Deeds in Book 4696, Page 59. In a nutshell: these covenants restrict the owner of the Clary Lake Dam (currently Pleasant Pond Mill LLC) and benefit the owner of the Clary Mill building (currently Aquafortis Associates LLC) such that if the dam owner allows more than 50 cubic feet of water per second to pass through and/or over Clary Lake dam they can be sued by the owner of the mill building for damages, legal fees, etc. These covenants run with the land. Continue reading →

07 August 2013: Kelley imposes Restrictive Covenants on self. Really.

From the “You can’t make this stuff up” department: In a blatant attempt to usurp the authority of the Department of Environmental Protection, Kelley has taken his efforts to confuse, complicate, and obfuscate matters to new, stunningly bizarre heights: he’s gone and imposed Restrictive Covenants on himself (and any future owner of the dam) benefiting Aquafortis Associates LLC (or any future owner of their property) such that no more than 50 cubic feet per second of water may be discharged through or over the Clary Lake dam. Ever. These covenants shall run with the land in perpetuity (that’s forever folks). Failure to comply with the terms of this declaration shall be grounds for an action against the dam owner by Aquafortis Associates LLC or their  successor in interest. In other words, the owner of the Clary Mill building can now sue the owner of the Clary Lake dam if they let more than 50 cubic feet of water per second flow out of the lake. Words escape me. Continue reading →

05 August 2013: Pictures Added to Historical Photographs Album

A) fish-derby-allrev1mediumDavid Hodsdon gave me a CD of Association files the other day and I’ve been going through them as I find the time. Included were some pictures and I’ve uploaded 8 of them to the Historical Photographs album. Now, they date from around 2000 so they’re not really “historical” in the true sense of the word but I’m sure you’ll agree that most of them are quite happy in that category. A number of them were taken during a Kids Fishing Derby A) 23-loons-on-clary-lake-apr18
held in the spring of 2000. I only recognize a few of the adults and none of the kids. The one at upper left shows everyone participating in the derby. Here’s one that I’m pretty sure Arolyn Antognoni took showing 23 loons on Clary Lake. I remember her talking about it and I seem to remember her showing me a photograph she took that day too. I think this must be it.

A fishing derby sure sounds like a good idea… some day, when life on Clary Lake is back to normal.

05 August 2013 From the archives: THE LOONS OF NEW ENGLAND by Ed Grant

loon2_iconI’ve been going through a raft of documents on a CD that David Hodsdon gave me recently and I came across this piece written by Ed Grant and decided it needed to be posted. I don’t know if it was ever published anywhere, but it certainly deserved to be. Perhaps he wrote it for use in a newsletter. In any event, his recent passing makes this piece seem all the more poignant. I hope you enjoy reading it as much as I did.

THE LOONS OF NEW ENGLAND
by Ed Grant

The Common Loon (Gavia Immer)

There is no other sound quite like it, the tremulous wail that floats across a northern lake at dawn, the haunting voice of the northern wilds.

Few people can hear the call of the common loon without being moved, it is truly the sound of the north woods, the wail of the wilderness, and for many visitors to New England, hearing one laugh in the night is a high point of a trip.

The common loon, with its necklace of white and checkerboard pattern on the back, is the species that comes to most people’s mind when they think of loons. There are four other species, the yellow-billed, the arctic, the Pacific and the red-throated, but only the common loon is found south of Canada in the summer, with the southern edge of its breeding range stretching from the Adirondacks through northern Vermont and New Hampshire to Maine. It is strictly a warm-weather resident in the region’s inland, migrating in late fall to the sea from the Maritimes to Florida. Continue reading →

05 August 2013: Welcome to new officers and a few site changes

thumbs_up1I’ve updated the About and Contact pages to reflect the changes to the Association officers following last weekend’s Annual Meeting. Now I’d like to officially welcome two new board members, Jane Chase and Mary Hornecker. On behalf of the Association I’d like to thank you for stepping up to be of service. Small organizations like the Clary Lake Association depend on the energy and initiative of people like you to help keep us focused and relevant. Jane is also sitting on the newly re-formed Bylaws Committee along with Malcolm Burson, David Hodsdon, and Trudi Hodgkins. I’d also like to officially welcome myself. I am the new Secretary 🙂

The Membership also showed their support for pursuing updating the Clary Lake Watershed Survey. The Membership’s show of support for this important initiative shows they understand the meaning and value of good stewardship and sound watershed management and furthermore are willing to do something about it. After giving it some thought, I’ve moved the Clary Lake Watershed Survey page from the Charts & Data menu heading to the Programs/Education menu heading where it more rightly belongs.

I’m still working on the minutes.

04 August 2004: Update on Tim Chase’s dam offer

forsalebyowner-customI saw Tim Chase at the store the other day, he told me that Paul Kelley finally responded to his offer saying that it wasn’t good enough, that he was actually entertaining multiple “more-attractive” offers on the dam and suggesting that Tim might want to make another (presumably sweeter) offer. Now, where I come from, this is when you cut your original offer in half but Tim said he was just going leave his offer on the table, sit tight, and see what happens. A good plan.

I must admit I am thrilled- THRILLED I say, that Kelley has multiple buyers bidding up the price of a breached dam with no flowage rights that is going to have a DEP water level order slapped on it any day. Wow! People must be standing in line to make an offer on that dam! It has got to be the hottest piece of real estate in Lincoln County! My only question is what is such a dam worth on the open market?

04 August 2013: Association Annual Meeting not rained On :)

annual_meeting_rainbow_3august2013We had perfect weather for yesterday’s Annual Meeting of the Clary Lake Association though first thing in the morning it wasn’t clear that was going to be the case: it rained heavily early on but then cleared by 11 am and became beautiful and sunny, well in time for the meeting. Then about 5 PM just minutes after the last person left for home, the sky opened up and it rained with a vengeance. How fortunate it held off until after the meeting! An hour later we were graced with a beautiful double rainbow.

45 people showed up to conduct the Association’s business. The only glitch was that I had neglected to print out copies of the 2012 meeting minutes which were supposed to be read and approved. What ensued was a comedy of errors including trying to get them printed off the website, then trying to read them on a laptop whose batteries quit part way through, finally culminating with a motion to cease the struggle and move on, which passed unanimously. Both the bylaws and newsletter committees were formed and populated with volunteers, and all the (3) proposed articles also passed unanimously. I was particularly pleased to receive not just a mandate from the membership to pursue the Clary Lake Watershed Survey update, but a good number of volunteers as well. More about this later. The meeting adjourned at 4 PM and was followed by the usual pot-luck supper. I’ll post minutes as soon as they’ve been written and approved.

03 August 2013: Association Annual Meeting Still Scheduled

smiling_sun

Meeting Still On!

Rain resulted in an auspicious start to the day but even as I type this I can see out my window that the sky is getting brighter and the rain is letting up. The forecast this morning was for showers this morning, clearing later in the day with a chance of a passing shower this afternoon. The forecast isn’t any better for tomorrow either so we’re taking our chances. Hope to see you there!

01 August 2013: Annual Meeting Agenda, 2012 meeting minutes

minutesFinally got around to posting the proposed agenda for the Annual Meeting scheduled for this coming Saturday, August 3rd. I had intended to make them available sooner but I’ve been a little busy this week. We’ll have printed copies available at the meeting. I don’t think in the history of the Association we’ve ever had an agenda that was 2 pages long, as this one is. I blame this on several things. First, legitimately, we’ve got a lot of stuff to discuss and second, I wrote it 🙂

2013 Proposed Annual Meeting Agenda

Also here are the 2012 Annual Meeting minutes… I wasn’t aware that they weren’t on line yet and nobody was clamoring for them anyways. So better late than never and, in keeping with my move towards using Google Docs as a document distribution system, here is a link to the Membership Meeting Minutes folder- I hope others besides Paul Kelley will enjoy perusing these files:

Clary Lake Association Membership Meeting Minutes

David Hodsdon has recently given me a CD with all the Association records from 1997 through 2004. I won’t be posting everything but I will go through the files in my copious spare time and choose some to post. There are also some pictures which I will definitely post.

30 July 2013: [UPDATED] Clary Lake has officially entered an algae bloom state

img_2331__medium_David Hodsdon and Jack Holland completed their routine water quality monitoring task yesterday. I have updated the Clary Lake Water Monitoring Data page. David reports that the secchi disk reading he obtained yesterday (4.92′ or 1.5 meters) without question indicates that Clary Lake is experiencing an algae bloom, a fact that should not come as a surprise if you’ve been out on the lake lately. A lake is considered to be experiencing an algae bloom when the secchi disk reading is at or below 2 meters (6.56′). We’re well into bloom territory.

David has been in touch with Scott Williams of the VLMP about this issue and they may be sending someone out to independently assess the situation. The picture at upper left is from last summer’s bloom. It hasn’t gotten that bad yet.

I’ve written recently about algae blooms (here and here) and why we’re more at risk now because of the extreme low water conditions we’re experiencing. I’m going to get on the phone and rattle some cages.

anabena2 [UPDATE]: I took a ride around the lake this afternoon- with bright sun shining down, I could just barely make out the bottom in 3.5′ of water off the end of my dock. I took a water sample just a bit ago and examined it under a microscope: it is loaded with Anabena cyanobacteria, the blue-green algae pictured at left that is largely responsible for freshwater algae blooms. The transparency of the lake water has deteriorated seriously over the last month: On the 1st of June the secchi disk reading was 10.1 feet; by the 19th it had dropped 2 feet and in the last 10 days dropped another 3 feet. Transparency is now less than 1/2 of what it was a month ago. They’re multiplying. Fast.

27 July 2013: First test of E-NEWS Newsletter system a resounding success

bottle2Many of you were subjected the other day to the first mailing of the Association’s E-NEWS Newsletter which I liken to an Emergency Broadcast System but that’s just my flare for the dramatic. In reality it’s just another way to disseminate information in a timely, cost effective way to a targeted audience and one which we have no intention of over-using: the ability to drop emails into your inbox is a privilege we don’t want to abuse or lose. We’re happy most of the time to let you drop in and peruse the website at your leisure but there will be times when we want to get your attention sooner rather than later. And of course there is an E-NEWS archive where we’ll keep copies of the mailings available for reference. The newsletter system also includes options to unsubscribe and edit your profile. So far nobody has unsubscribed 🙂

There has been a little confusion over subscribing to NEWS versus subscribing to E-NEWS. NEWS are the posts that appear on this news page and you can sign up to get email notices of new posts and even new comments on individual posts. On most other pages you’ll find a “Subscribe to Clary Lake Association News via Email” text box on the side bar where you can enter your email address. On the other hand you can sign up for E-NEWS newsletters on the Join our E-NEWS Mailing List page and in a few other places on the site (like on the home page). You’ll only get E-NEWS emails or newsletters on those rare occasions that the Association decides to send them out.

25 July 2013: Thoughts on where we are and how this will all play out

rock_and_hard_place2Paul Kelley has fought this water level petition tooth and nail ever since it was filed over a year and a half ago. All his efforts have been futile while costing him a lot of money. Stalling is a fine tactic I guess when it leads to a tactical advantage; when it simply delays the inevitable, then it is just a waste of one’s time and money. He has lost the battle and he knows it. He is now on record saying that he just “wants out” and he’s looking for an exit strategy. What he’s come up with defies understanding: he sees his petition for release from dam ownership or water level maintenance resulting in a breach order from the Department. Once he has that in hand, he hires a backhoe to come in and dismantle the Clary Lake dam and then he just disappears. His development plans thwarted through his own incompetent efforts to ram them through the town planning process, he lashes out leaving destruction and devastation behind him as he departs for greener pastures. What a guy. Well, that scenario will only happen in his dreams. Reality I’m certain has a less pleasant outcome in store for him. Continue reading →