The Maine Dept. of Environmental Protection will hear testimony regarding a petition to set the water level for Clary Lake, which lies between Whitefield and Jefferson, on Fri., Aug. 17, at 5 p.m. at the Jefferson Fire Dept.
At a July 20 pre-hearing conference, DEP Presiding Officer and Policy Director Heather Parent told the petitioner, George Fergusson, of Whitefield, and attorney Anthony Buxton, representing dam and property owner Pleasant Pond Mill, LLC, that they and approximately one dozen other interested parties present to learn about the procedure in place for the upcoming hearing.
Buxton said, before the conference began, that his client would like to have, “a comprehensive solution that creates a long term, financially viable resolution of all matters relating to the dams, the lake and adjacent property interests, including water level regime.”
He said he believed both Fergusson and his client “recognize that the public hearing is an important opportunity for all to be heard.”
At the start of the conference, Parent told the parties they would not be allowed to contact her directly prior to the hearing.
“That would be ex-parte communication,” she said, referring to any action in a judicial proceeding that is conducted for the benefit of only one party. “I want to make sure everything I say is heard by all parties.”
Anyone, other than Buxton’s clients or Fergusson, who wishes to present evidence must notify Parent, through Project Manager Beth Callahan, by Fri., July 27.
All testimony must be presented orally, although printed matter such as charts and photographs may be submitted at the time that testimony is presented.
Sworn or written evidence will only be accepted if the person submitting it is present for cross-examination.
Questions from interested parties may be submitted to Parent in writing. If she decides a question is appropriate, she will ask it. The written requests become part of the public record, she said.
In answer to Fergusson’s question, Parent said the Clary Lake Association could file for intervenor status which would allow any member of the association to testify and question witnesses.
On July 23, Clary Lake Association president Ellis Percy wrote to Parent, making a formal request for that status.
“Based upon the pre-hearing meeting, it is our understanding that by granting the Association intervenor status, any member of the Association will be allowed to participate and testify at the hearing,” Percy wrote. “If this understanding is incorrect, please advise me immediately.”
Parent told those at the conference that interested parties may be any who have a stake in the decision, whether or not they have property on the lake.
Parent said any decisions or agreements made among the parties prior to the hearing could be presented at the hearing.
She said Maine Statute requires an adjudicating hearing in the event that more than 25 percent of the littoral or riparian proprietors ask for the level to be set. Littoral or riparian proprietors are those persons who own land on the bank or shore of a natural watercourse or body of water.
At the end of the hearing, the record in regard to the petition will be closed, Parent said. A transcript will be made available to those who request one by Aug. 3.
She said she had no intention of drawing out her decision, but did not give a time by which one would be made. Appeals are possible, but whatever decision is made would be effective immediately and remain in place until a contradictory decision is made.
Those wishing to testify or seeking to be informed about further DEP actions should contact Callahan at beth.callahan@maine.gov.
