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Here are some videos that I took back on 9 November 2018 showing the PCS crew opening up the original log sluice. With all the excitement at the time, I forgot to post them! Enjoy.
This ice fishing house has been up on the northwest end of Clary Lake for a few weeks. This morning the wind was really humming and it blew it a mile and a half down the lake to the State boat launch. There’s no name or number on it. If you know who it belongs to, let them know it’s not where they left it.
I have archived the January 2019 Water Level Chart (at left). The best thing about this chart is that it shows that for the first time in over 8 years, the lake level was right where was supposed to be, when it was supposed to be there. The lake level remained above -24″ below the HWM for the entire month. How sweet is that! For the first 3/4 of the month, the lake level hovered right around 18″ below the HWM, give or take a few inches. Then we received 1.66″ of rain on the 24th which caused the lake to rise almost 1 foot, topping out at about 5″ below the HWM. That was higher higher than we’ve seen the lake in over 8 years, and actually than we wanted to see it so we opened the gate a foot to release more water in addition to what was already going over the weir. That halted the lake level rise. Since then it’s been falling gradually, ending the month not quite 10″ below the HWM. Welcome to the new normal! Continue reading
Just last week I posted about several filings made by Richard Smith and Paul Kelley in response to an appeal of the DEP’s Order transferring the Clary Lake Water Level Order to the Clary Lake Association (see: “Kelley, Smith, Duncan File Comments on AQF Appeal“). The appeal was originally filed by Aquafortis Associates LLC (AQF) on December 26th (see: Aquafortis Appeals CLA License Transfer). The Board of Environmental Protection (BEP) wasted no time in responding to those filings and in a move that should surprise no one, they were determined to be not admissible to the record and have been summarily rejected. The BEP has not responded to Butch Duncan’s request for a public hearing on the license transfer and I think it’s safe to say that’s just not going to happen. Continue reading
The lake has so far risen over 8″ as a result of yesterday’s heavy rain and is now 7 inches below the normal high water mark. The last time it was this high was 9 years ago, in 2010. It will continue to rise a little more over the next couple of days before it starts falling again. Ideally this time of year we’d like it between 12 and 24 inches below the HWM.
The deadline for submitting written comments on Aquafortis Associates LLC’s appeal of the DEP Order transferring the Clary Lake Water Level Order to the Clary Lake Association was Tuesday, 22 January 2019 at 5:00 PM (see “Aquafortis Appeals CLA License Transfer“). Only Butch Duncan commented on the actual license transfer application so therefore, according to the Notice of Appeal, he was the only one entitled to submit written comments on the appeal. He did not disappoint, submitting a short email to the Service List just after 3 PM on Tuesday. Per the Notice of Appeal, the Clary Lake Association was also entitled to comment, and we did by our letter dated January 4th. Much to my surprise (just kidding!) verbose comments were also submitted at the last minute by Paul Kelley (a total of 79 pages) and Richard Smith (a total of 37 pages). Continue reading
Back on December 26th I posted about Aquafortis Associates LLC appealing the recent DEP Order #L-22585-36-F-T transferring the Clary Lake Water Level Order to the Clary Lake Association. CLA President Malcolm Burson has in turn responded to the appeal with a short, succinct 1 page letter:
Ho hum. That is all.
There’s an article in this week’s Lincoln County News by staff reporter Jessica Clifford about the Clary Lake dam.
Clary Lake Dam Repairs Complete
Here’s an archived copy for your convenience:
I have archived the December 2018 Water Level Chart (at left) bringing us to the end of what has turned out to be the LAST YEAR of sub-par water levels for the foreseeable future. At this time last year the lake level was 42″ below the HWM and we were waiting for Justice Billings to rule on the appeal of the Clary Lake Water Level Order while at the same time beginning to entertain the possibility of actually buying the Clary Lake dam from Paul Kelley’s bankruptcy estate. The ruling on the appeal came a few months later in February; the purchase of the dam, well that took a little longer. Looking back, what a landmark year it has been. Continue reading
The lawsuit that CLA members Robert Rubin and his wife Cheryl Ayer brought against Richard Smith, Aquafortis Associates LLC, Paul Kelley, and Pleasant Pond Mill LLC back in January 2016, finally, after numerous delays and stays, went to trial on December 20th and 21st in Lincoln County Superior Court. The presiding Judge in the case is Justice Billings, the same Judge that spent 4 years presiding over the Clary Lake Water Level Order appeal so he’s no stranger to Clary Lake, its characters, and its issues. Bob and Cheryl’s lawsuit was initially delayed to allow the WLO appeal to finish (which concluded in February 2018) and then delayed further to let Kelley’s bankruptcy finish. When we ended up closing on the dam this past October, the Rubin/Ayer lawsuit finally went forward. Bob asked me early on not to write about the lawsuit as he didn’t want the publicity. Now that the hearing has taken place, the lid is off. You can read more about the trial in the latest Central Maine Papers article about Clary Lake. Continue reading