Plans are well underway for the Association’s Annual meeting to be held Saturday August 3rd at 2 PM at the home of Robert Antognoni. Robert lives on the south side of Clary Lake at the end of Robert E. Dow Road in Jefferson. For those of you who don’t know where it is, here’s a Google Map showing the location. For those of you who are Google Map challenged, Robert E. Dow Road is located off Route 126 0.16 miles east from the Jefferson town line, 0.92 miles west from the intersection of Route 215 and 126 at the head of Clary Lake, and 1.83 miles east on Route 126 from the Whitefield Superette in North Whitefield Village. If you still manage to get lost, call Robert Antognoni at 549-7694 and we’ll guide you in for a smooth landing. Continue reading
24 July 2013: Setting the record straight: Kelley has no DEP permit
Kelley did not get a “permit” from DEP to “lower the lake level” to “fix the dam” despite what he keeps saying to the contrary. He’s made that statement at the public hearing, he’s made it in official documents of record since then, he said it at a Whitefield Selectmen’s meeting last spring, and he said it again in his 23 July 2013 interview with Channel 13’s reporter Marissa Bodnar. Kelley would like you think he’s has an official Department of Environmental Protection sanction for his negligent dewatering of Clary Lake, but he doesn’t. He’d also like you to think that he was going to fix the dam until we filed the water level petition. Does anyone really believe any of this tripe?He had the fall of 2011 to fix the dam but he did nothing- I didn’t file the petition until January of 2012. What was stopping him?
23 July 2013: Video of WGME Channel 13 News Marissa Bodnar Interview on Clary Lake Petition
The video that was at this link was missing the first 50 seconds of the segment and has been superceded by a better, complete video provided by David Hodsdon which is in the process of being uploaded to YouTube now.
Here’s the new video:
24 July 2013: UPDATED Video of WGME Channel 13 News Marissa Bodnar Interview on Clary Lake Petition
23 July 2013: Channel 13 News doing a story on Clary Lake Water Level Petition
Channel 13 News is doing a segment on the Clary Lake water level petition that is supposed to air tonight at 6 PM. I got a call this morning from Marissa Bodnar, news reporter for Channel 13. She and her camera man Mike came by around 1PM and interviewed me, took a look at the lake, then headed over to the dam to meet up with Paul Kelley and get his side of the story.
23 July 2013: Webcam update
A fair number of people check the Clary Lake Webcam from time to time and sadly, 90% of the time they find it isn’t running. The reason is that the software generates a fair amount of load on my desktop computer, slowing things down and making it hard for me to get work done so I tend not to run the webcam when I’m working at my computer which lately seems like all the time. Then I often forget to start it up when I leave to do something else. Anyways, I’ve made a few changes to the webcam system configuration in the hopes that it will use less resources and not slow things down quite so much, and I will try to keep it running more regularly for those people who want to have a look at what I’m looking at out my window.
Ultimately I’d like to get an outdoor waterproof wireless webcam and mount it on a tree down by the shoreline to get a better view of the lake and whatever happens to be floating or swimming by. Maybe someday..
21 July 2013: The Great Meadow by kayak
Today my son and I paddled our kayaks across the lake and then 2/3 of the way down the channel towards the dam, almost reaching the abandoned beaver lodge before finally giving up. The channel itself is quite narrow, often only 8′ to 10′ wide and it is largely grown in with reeds. Occasionally it widens out to 15′ or 20′ or more, but even then the navigable portion is still quite narrow. In some places it is almost impossible to tell where it goes; only my familiarity with it and the shallow draft of our kayaks allowed us to get through. The wild rice is just now beginning to flower and it doesn’t look like there is as much as there was last year, but that might change in a few weeks. I took a few pictures which I’ve posted to the Summer 2013 album. The one at upper left was taken right as we entered the channel. Continue reading
21 July 2013: Declining Water Quality Update
A few days ago I posted about the alarming decline in Clary Lake’s water quality and promised an update. Here it is. Last Friday July 19th, David Hodsdon and Jack Holland hit the lake to conduct their regular water quality data collection exercise. The results have been posted on the Clary Lake Water Quality Data page. The bottom line is that the secchi disk reading (a measure of water clarity or transparency) was 8.04′ (2.45 meters), down from 10.01′ (3.05 meters) on June 30th. For comparison, the average secchi disk reading (based on the average of 88 secchi disk readings taken in the month of July from 1975 to 2011) is 12.28′ (3.74 meters) or 4.24′ (1.29 meters) more than the current reading. In statistical terms, that is a HUGE change- in the wrong direction.
20 July 2013: A summertime visit to the Great Meadow
I made a sojourn up into the Great Meadow at the northwest end of the lake today, my first since last February and I took a bunch of pictures which have I combined into the panorama at left. It is composite of 7 photographs and it’s been scaled to 50% and at that it’s still 4904 x 713 pixels. I defy you to detect the seams! There’s a link in the caption so you can view or download the full sized image. For those of you who can’t make it out there, hopefully this picture will give you some sense of the impact the draw down of the lake is having.
20 July 2013: 2013 Audubon Loon Count completed
Mary and Ernie Shaw completed the 2013 Audubon Loon Count this morning. While they headed east from their place along the south shore, my wife Margaret and I headed up the west side and the along the north shore. We met up not far from Ed Grant’s place and stopped to compare notes. The loon count takes place all over the State between 7 am and 7:30 am on the 3rd Saturday of July and includes more than just the number of loons counted. Mary will be giving a report on the count at the Annual meeting.
We counted only 2 loons this morning though as many as 6 have been seen in recent weeks. When they’re nesting, one pair is about normal for a lake the size of Clary but they’re not nesting this year and it appears they’re rather more sociable when that is the case. I have no idea where the other loons were this morning, likely off visiting another lake. They do fly around a fair bit more than I ever knew- I was told when I was growing up that loons landed in the 
spring and never flew again till they took off in the fall. I now know this is not the case. There are a few more pictures from the loon count in the Summer 2013 Album.
19 July 2013: Tim Chase makes an offer on the dam
Tim Chase told me today that after much thought he has put in an offer on the Clary Lake dam! As many of you know, Tim’s father Chester Chase owned the dam for years and as a teen Tim worked at the mill and help operate the dam making him a perfect choice to take it over. In fact I can’t think of anyone I’d rather have own it. Tim owns the property adjoining the Clary Mill property on the north. Of course, there is no guarantee that Kelley will accept Tim’s offer, but if he really wants out from under the dam, here’s his chance. Tim sent me a copy of his offer:
It sure looks legitimate to me. I’ve asked Tim to keep me posted on developments.
18 July 2013: Alarming decline of lake water quality a serious concern
I assume others have noticed how murky the lake water has become. Over the past couple of weeks the water clarity has decreased significantly. No doubt this is due to the hot weather we’ve been getting coupled with a lack of rain and drastically low water levels. With the lake now down 50″ below the top of the dam, more than 875 million gallons of water or nearly 1/2 of all the water in the lake has been drained off. This has allowed the water to warm up significantly and has exposed soft bottom sediments to the effects of wave action, stirring them up and releasing phosphorous (think plant food) that has been until now safely bound up in the mud. Paul Kelley’s thoughtless water level management is poisoning the lake.
I put a sample of lake water under my microscope this morning to see if I could see what might be causing the cloudy appearance. I found a good number cyanobacteria of the genus Anabena which is the blue-green algae responsible for algal blooms. At left is a photograph I took last August of Anabena blue-green algae from the lake. There’s always a little Anabena in the lake, but I think to see this much this early in the season is not a good sign. Given sufficient nutrients, growth of this bacteria can explode. It bears watching.
I met with our resident water quality expert David Hodsdon this morning to discuss this and other things and he agreed that the water clarity has deteriorated. He and Jack Holland will be going out tomorrow morning to perform their regular water quality monitoring which includes secchi disk (clarity/transparency), dissolved oxygen, and temperature measurements. This data gets posted on the Clary Lake Water Monitoring Data page. Look for an update to this post sometime tomorrow.
17 July 2013: Land for Maine’s Future Project – Clary Lake
I received an email today from a fellow with the Natural Resources Council of Maine. He was looking to update the listing for Clary Lake on the Land for Maine’s Future Projects page and wanted us to review the current listing:
Clary Lake
Clary Lake is a popular destination for boaters and anglers. With funds from the Land for Maine’s Future program and the U.S. Fish and Wildlife Service’s Sport Fish Restoration Program, the Maine Department of Inland Fisheries & Wildlife (IF&W) secured funds to acquire a site that provides permanent and safe access for motor boats and hand-carry craft, as well as bank fishing and swimming.
Clary Lake is a popular destination for fishing year-round, offering bass and perch as well as occasional brood stocks introduced by IF&W. The State purchased this parcel and built the access site to replace one across the lake that had a dangerous configuration (being located on a curve at the base of a long hill). The access site is owned and managed by IF&W.
Return to Land for Maine’s Future projects list.
Sounds idyllic doesn’t it. I emailed him and let him know that the State boat launch highlighted in the narrative is currently unusable due to low water conditions and that the future of Clary Lake is facing a serious challenge from a dam owner who just doesn’t give a dam. I don’t expect them to update the listing. Got to put a good face on it, know what I mean?
Anyways, I’ve added a link to the Natural Resources Council of Maine on the Links & Resources page. FYI, I was unable to actually find the Programs page without using the link provided.
15 July 2013: Completed form 1023 application for recognition of 501 C(3) status is in the mail!
Well almost in the mail. Our application to reinstate our 501 c(3) exemption is going in the mail in about an hour, just as soon as the post office window opens up again at 1 PM today. Again, we are grateful for Paul Kelley bringing this matter to our attention. Of course, I sincerely doubt he thought he was doing us any favors, but clearly he did. Who knows how long it would have been before we came to the realization that our 501 c(3) status had been revoked? What is totally ironic is that he filed an objection with the Attorney General’s office because he objected to our soliciting contributions without 501 c(3) status. And what were we soliciting contributions for? A dam repair fund which could well end up benefiting him. Go figure.
Incidentally, the approved form 1023 application with attachments in all their glory must by law be made available to the general public. The operative word there is “approved.” When our application is approved, I will post a link to it. Until then, try not to let the anticipation get to you.
11 July 2013 Kennebec Journal: Clary Lake property owners putting hopes on water level management plan
Paul Koenig has written another article which has appeared in today’s Kennebec Journal. Paul and I spoke several times over the past few days about the closing arguments that Kelley and I submitted last Monday. I hadn’t expected the article to be published until tomorrow. Many thanks to Brandon K. for bringing it to my attention.
Here’s a link to the online version:
It’s a good article; I have been pleasantly surprised in recent months with the coverage we’re getting from the local papers. Kelley is striking out at every turn, you’d think he’d read the handwriting on the wall and start taking a different, more conciliatory stance; his endless strident objections are falling on deaf ears. The Department is going to slap an order on his breached dam and it’s not going to specify a water level that is 2.7′ below the hole in his dam. Why he thinks the condition of the dam is relevant to the determination of a suitable water level for Clary Lake, I have no idea. He’s making that part up, along with a whole lot of other stuff. There is a way out of this mess he’s in but he’s just too damned stubborn, spiteful, and vindictive to consider it.
10 July 2013: Survey Plans of Clary Mill Property and Clary Lake Dam
I got my hands on copies of some survey plans some time ago. I wasn’t planning on releasing them for general consumption just yet but Paul Kelley posted one as part of his FOAA booty so I figure I might as well put them all out there. First a little history: Back in 1981 there was a boundary dispute between Chester Chase and Albert and Alden Boynton. The property was surveyed by Coffin Engineering and the case went to court. As is the case with most boundary disputes that go to court, nobody but the lawyers won but the boundary lines did get established in the process. These two survey plans are sort of “before and after” plans: Continue reading
10 July 2013 Commentary: Paul Kelley fabricates reality to suit his own ends
Paul Kelley fabricates reality to suit his own ends. The problem with fabrications however is they always unravel if you look closely at them. I’d like to unravel one of Kelley’s favorite fabrications right now- the one he likes to repeat occasionally about how Art Enos and Chester Chase managed to screw up the Clary Mill property and incidentally introduced the “mill privilege and flowage rights” language that had never existed before (or so he says). Kelley repeated this fabricated piece of reality in his 8 July 2013 closing brief on page 9 (emphasis added):
“In 1995, other substantial damage was done to Henry Clary’s vision and design of an integrated and functional hydrological unit. Then-mill owner Chase, acting in concert with the then-president of the Clary Lake Association (“CLA”) Arthur Enos, carved the historic mill property into pieces, including severance of the CLD from the historic mill parcel, sited on a marginal .13 acre of land. This ill-advised transaction invented and inserted the contentious phrase “mill privilege and flowage rights” both into the historic chain of title, and ultimately into these proceedings. That phrasing attempted transfer of a “mill privilege” which cannot be sold apart from a mill, and the sale of “flowage rights” which had not existed for decades.“
So he’s stating that the phrase “mill privilege and flowage rights” first appears in the chain in the deed from Chester Chase to Arthur Enos dated 3 February 1995 and recorded in Book 2056 Page 340. The actual verbiage he’s referring to is this:
“ALSO CONVEYING HEREWITH all the mill privilege and flowage rights contained in the hereinafter referenced deeds and any other mill privileges and flowage rights on Clary Lake however obtained by Chester H. Chase and his predecessors in title.”
10 July 2013 Lincoln County News article: DEP receives final comments on Clary Lake Dam
An article by Shlomit Auciello has appeared in this week’s Lincoln County News (on page 12). Ms. Auciello has done a good job of summarizing both Kelley’s closing arguments and mine. For those of you who don’t want to slog through Kelley’s painfully obtuse 44 page closing brief, this is a good alternative 🙂
10 July 2013: Clary Lake Association’s Official 501 c(3) Status
Paul Kelley was so happy to point out in his 44 page “closing brief” that the Clary Lake Association’s 501 C(3) non-profit status was revoked by the IRS somewhere back around 2007. We were not aware of this. I looked into the matter and this is what I found out. From the Instructions for Form 1023 “Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code”:
“The following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023:
Any organization that has gross receipts in each taxable year of normally not more than $5,000 is not required to file Form 1023
Even though the above organizations are not required to file Form 1023 to be tax exempt, these organizations may choose to file Form 1023 in order to receive a determination letter that recognizes their section 501(c)(3) status and specifies whether contributions them are tax deductible.”
The Clary Lake Association’s annual receipts are and always have been well below the $5000 annual threshold so the fact that the IRS revoked our 501 C(3) status is a moot point: we are still a non-profit in the eyes of the law and donations made to the Association have been, are now, and always will be tax-deductible. So Kelley’s assertion that the Clary Lake Association is technically not a registered 501(c)(3) at this time is correct, if irrelevant. Nonetheless, we thank Mr. Kelley for bringing this matter to our attention. We will be filing to reinstate our 501 C(3) status shortly.
The Association’s non-profit status is also irrelevant in regard the water level petition and one has to wonder why he felt it was worth mentioning at all in his closing brief. The petition was not filed by the Association. Clearly his goal was to discredit everyone he could think of.
Incidentally, the requirement for non-profits to file annually with the IRS was part of the Pension Protection Act of 2006; prior to 2006 there was no requirement for a non-profit of our size to file annually. After 3 years of receiving no filings, a non-profit organization’s 501 C(3) status is “automatically revoked.” This actually happened to hundreds of thousands of non-profits when the law went into effect. I spoke to our Treasurer and she was unaware of the need to file annually. If there was ever a notice sent to the Association, it was lost or misunderstood.
Reinstating an automatically revoked 501 C(3) status is a routine procedure. We’ll be submitting a new Form 1023 shortly.
08 July 2013: [UPDATED] A very few thoughts on Kelley’s “Final Brief”
I have read about as much of Kelley’s final brief as I can bring myself to read at this time which is to say I got through about half a dozen pages before I had to stop lest I start to claw my eyes out. I thought of having Acrobat read it to me but I was afraid my head would explode! Kelley’s rant will make the rounds at the Department and at the Attorney General’s office where it will cause a lot of head shaking and muttering. I pity the poor people whose job it is to actually read all 44 pages so they can render an official opinion on it. My official opinion? It is just more of the same: Kelley braying ad nauseum. I won’t be wasting any more of my time on it. I’m sorry I wasted precious ink and paper printing it out.
[UPDATE] Well I finally finished reading Kelley’s brief. It wasn’t easy. What a sad excuse for a defense, if you ask me. He introduced all kinds of evidence that is not in the record, a procedural no-no. My motion to supplement the record with additional information was DENIED by Heather Parent, hence I was unable to refer to that material in my closing arguments. Kelley offered NO RELEVANT TESTIMONY at the public hearing. He made up for that with his 44 page tirade.
He also raised issues that are totally irrelevant to the determination of a water level for Clary Lake for example, he’s still trying to play the dam safety card. He also claims my testimony should be stricken from the record because I’m no longer a licensed land surveyor, but I didn’t testify as a licensed land surveyor.
I am confident the Department will give Kelley’s closing brief all the attention it deserves: None.
08 July 2013: Pleasant Pond Mill LLC Final Brief, Clary Lake Water Level Petition
At 4:36 this afternoon Kelley filed his closing arguments with the Service list. It consists of 2 documents which his cover email describes as “the Final Brief of Pleasant Pond Mill LLC in the Clary Lake Water Level Proceeding, accompanied by an Exhibit comprised primarily of DEP Communications obtained under the (second) Freedom of Access Act, as well as a few pages from State of Maine databases, of which PPM believes it important that the agency take judicial Notice.” I haven’t read them yet. I’m sure I’ll have some comments when I’m done… I’m afraid, knowing Kelley, it’s going to be tough sledding to get through them.