The Aziscohos Lake Preservation Commitee

 

The Aziscohos Lake Preservation Committee

August 30, 2006

The members of the Board would like to take this opportunity to thank the management and staff of the Bosebuck Mountain Camps for again hosting the Bar-B-Q and Silent Auction to benefit the Aziscohos Lake Preservation Council, Inc. The Council members would like to express their appreciation for the support in the form of contributions from the management of Bosebuck Mountain Camps and certain of the camp owners and local businesses.

It was nice to be able to eat either inside or out outside. The food was splendid and the staff did a wonderful job in catering the event. The meal was great but the desserts (blueberry delight and cream puffs) were out of sight!

We hope everyone had a great time and again thank all those involved in the event.


May 2006, Sixth Issue

Aziscohos Lake Preservation Council, Inc.

Mission Statement- The Aziscohos Lake Preservation Council, Inc. (ALPC), is a public, non-profit entity with a regional focus, devoted to preserving the environmental, archeological, historical and recreational heritage of the headwaters of the Upper Androscoggin Watershed, to monitor, protect and restore those attributes which uniquely characterize the wilderness attributes of this area, to educate, promote, and to facilitate sound natural resource stewardship by those who live in the region, who visit the region or who benefit from the region’s natural resources.


Dam Ownership - In December, 2005, the Florida Power and Light Group (FPL Group), the owner/operator of the hydro station at Aziscohos Dam, and Constellation Energy (based in Baltimore) announced their intention to merge. It is expected that the merger will completed within a year, if federal and state approvals are acquired. The result is described to be the largest wholesale and retail competitive energy supplier in the U.S., as well as the second largest electric utility. FPL ownership will be 60% of the newly formed entity which will have combined assets of 57 million. No changes in Maine hydro operations are expected to result from this merger. The hydro station at Aziscohos is fully operational and is fully utilized by FPL.

Leadership Change at DEP - The Androscoggin watershed was much in the news this spring. The Rumford Paper Co. met with the DEP and formed an agreement vis a vis a pollution permit. However, the DEP failed to keep public records of the transaction. The only records there were, ended up on the company’s computer which is a violation of the law. A Freedom of Information Act (FOIA) request revealed this embarrassing lapse. Dawn Gallagher, the DEP Commissioner, resigned. On several occasions the ALPC pointed out to the DEP violations of the water quality certificate that governs the operation of the Aziscohos hydroelectric facility. We requested Commissioner Gallagher to enforce the certificate, to no avail. We hope that her successor, David Littell, will uphold DEP’s responsibility to enforce the conditions of the department’s water quality certificate.

DEP permits also came under a severe attack from another quadrant. The water quality of the Androscoggin was challenged with a total of 14 appeals to the Board of Environmental Protection. Many related to International Paper discharge permits that were not within water quality standards. Presumably, IP permits will be re-worked to higher standards than permitted by the current agreement. The politics (and ethics) of the issue was dramatically emphasized when it turned out that a manager of IP, who is a state representative serving on the Natural Resources Committee, may have entered into a quid pro quo deal with (you guessed it) now-former DEP chief, Dawn Gallagher in agreeing to the faulty IP discharge permits. We have great expectations for David Littell, Dawn’s successor, but it is clear that he has only to be above board and avoid obvious conflicts of interests to vastly exceed Ms. Gallagher’s performance.

Maine Legislature to Consider Bill to Establish Lease Conditions - Thanks to Lawton Allen of Rangeley for calling our attention to LD1646 (MRSA 6047). This is a bill introduced by Representative Herb Clark of Millinocket and co-sponsored by Senator Paul T. Davis of Piscataqua. It is designed to establish rules and practices for leases in organized and un-organized territories. Among the many aspects covered in the proposed bill are:

  • the requirement of a written lease and description of the property boundaries by a professional surveyor, with the cost to be the responsibility of the lessor.
  • the requirement that the leased parcel be recorded with the registry of deeds.
  • the presumption of fair market value on leased parcels
  • binding arbitration to resolve boundary and value issues
  • lessor to be prevented from terminating leases without just cause
  • lessee to have right of first refusal to purchase property and twelve months to consummate purchase
  • the term for leases to be fifty years at an annual fee of not more than 5% of the fair market value of the property, not including the value of buildings and improvements
    On May 5, 2005 it was referred to the Committee on Judiciary and the last action on this bill took place on June 18, 2005 when it was carried over to “any special or regular session of the 122nd Legislature.” This bill attempts to protect long-time lease holders of land from forced purchase, unreasonable termination of leases and sales at inflated prices.

Lead Sinkers and Loons. In spite of NH legislation to eliminate lead tackle, the number of loons dying from ingesting lead sinkers has continued during the five years that a ban on their sale and a fine for their use has been in effect. In New Hampshire lead poisoning is responsible for 58% of the known loon deaths. We wonder to what extent other heavy metals such as mercury may also be involved. It is interesting to note, in the state of Maine it is illegal to sell lead sinkers within Maine’s borders, but not illegal to use lead sinkers purchased elsewhere. This is one loop-hole that needs to be closed!

Loons on Aziscohos Lake

The US Supreme Court
heard arguments in mid-February that will have a major impact on Maine‘s rivers. The question has been whether states have the right to impose environmental regulations of the output of hydroelectric impoundments. This suit brings focus on the collision of two major modern objectives of our current world: our need for renewable energy and our desire to reduce pollution. The Maine Attorney General, Stephen Rowe argued for Maine’s right to regulate hydro plants on the grounds that the Clean Water Act gives states to right to regulate any discharge into their waters. Whereas, S.D. Warren claimed that since impoundments add nothing to the stream flow they should be exempt from regulation.

We have observed in Aziscohos and Flagstaff lakes that the highest methyl mercury levels in loons are associated with the manner in which the impoundment is operated. Deep draw downs and slow lake filling suspend methyl mercury that has been synthesized in anoxic sediments. We argue that additions of pollutants are very much a consequence of the hydro power operation.


Wagner Forest Management/Bayroot LLC Sale of Lease Lots- From a conversation in February 2006, with Dan Hudnut of Wagner Forest Management LLC, land managers for Bayroot LLC:

1. It remains their objective to sell lease lots to leaseholders
2. They are further interested in developing new lots where they already have appropriate zoning (currently only Raspberry Lane and Parmachenee)
3. Sale of new lots on Parmachenee and sale of existing lease lots is waiting for LURC approval of subdivision. Parmachenee will be the first sales, and will probably occur this year.
4. Sale of new lots on Raspberry Lane (Aziscohos) and sale of lease lots will follow, but is not likely to happen in 2006.
5. Sale of lease lots on north end of Aziscohos will probably be simultaneous to Raspberry lane, unlikely to be any sooner.
6. Current land plan does not include a "Grand Development Plan" with creation of new subdivisions and lot sales. Current sale plans are only in areas described above, already LURC zoned DRS (development residential single family) and not in areas zoned PGP (protection grand ponds)

Last year, Wagner/Bayroot completed the sale of lease lots to campers on Kennebago, Little Kennebago and the Kennebago River. Lease holders were offered the opportunity to buy their leased properties in October 2004. The price was arrived at by Wagner/Bayroot following a market analysis by a Maine Certified General Appraiser. The appraisal was not supplied to leaseholders and the price was non-negotiable. Buyers were offered discounts of 5% for closing before 2/11/05 and an additional 5% for closing before 12/20/04. The Kennebago sales offer affected approximately 18 camps. It is believed all but 3 exercised the option to buy the leased land. One camp not purchased by the leaseholders on Little Kennebago is now listed for sale with a local realtor; the camp buildings for $ 87,500, by the leasee and the land for $ 325,000, by the lessor (Wagner/Bayroot)

Wagner/Bayroot will be offering camp owners the opportunity to purchase their leased lots at something close to fair market value. It is wise for camp owners on affected lease lots to be prepared for sticker shock. The value of lake front property in the Rangeley region is high and has been increasing at a rate of 15- 25% a year for at least the last five or six years! From the real estate sections of this week’s Rangeley region papers:

Magalloway River- Rt. 16, Umbagog lease lot, river front, camp, dock $ 119,000
Aziscohos Lake- 2 Br cottage, Maine State lease, dock $ 295,000
Parmachenee Lake- 3 Br, 1 Bath, septic, well, 276’ frontage,Wagner lease $ 300,000
Mooselookmeguntic Lake- 1.81 acre waterfront lot $ 395,000
Rangeley Lake- Faunce Rd, deep water, southwestern exposure $ 689,000

If you are faced in the next year or so with the option to purchase the lease lot on which your camp sits, the Littleton, NH office of the Passumpsic Savings Bank has demonstrated a willingness to finance lease buyouts, and has financed commercial and residential/recreational lot purchases on Aziscohos. You may contact Brian Pettelle at Passumpsic Savings Bank at 603-444-1738. Similarly, if you wish to have your lot and camp appraised, you may contact Tom Mellen of Property Appraisal Services, Farmington ME at 207-778-4377. Tom has vast experience with camp properties on Aziscohos and throughout the Rangeley region.

Congratulations- ALPC director Mike Metcalf and friend Gordon Smith have purchased the Wheeler Camp from Charlie and Katie Wheeler. Mike has been a visitor at the Wheeler camp since childhood. We wish Mike, Gordon and their families well and hope they continue to create many happy memories at “Lil Fella”.

Spring 2006 Lake Fill- On Thursday, March 23rd, FPL representative Jerry Doughty presented the outlook for re-filling the lakes in the Rangeley region. The meeting was hosted by the Rangeley Lakes Heritage Trust at their office in Oquossuc. Representatives for each of the lakes and rivers impacted by FPL dams in Maine were in attendance.

Doughty reported October 2005 was the wettest October on record with the US Weather Service and, 2005 as a whole was the wettest year on record. On average, the regions lakes were at 56% of their full capacity on 3/23. Draining had stopped on all lakes and refill was underway. This is approximately one month ahead of normal. Snow pack in the area is in the bottom 25% of where it is on average at this time of year, representing only 4-5” of water. However, ground water levels are at record levels state wide, indicating most of the snow pack and spring precipitation will go into the lakes from run-off. The prognosis for the filling of the lakes by the end of May is very good, assuming average rainfall.

Aziscohos was at a level of 1509’ on 3/23. This represents a 12’ draw down from the top of the boards where the lake remained from October through late winter. Don and Alan were fortunate to drive all the way to Don’s camp, by truck, on an ice packed snowmobile trail. The lake was still iced over completely and 12-18” of hard packed snow could be found all along the road on the east side of the lake. Conditions were more like those of mid- April than March. Alan made another trip in by truck on April 17th. There was still some snow on the ground, the lake was filling and still covered with ice. The roads were mostly free of snow and the frost just starting to go out. On a return trip April 28th, the ice was out of the lake, the lake full, snow gone and roads passable.

Lake Level Management- We are pleased to report and commend FPL for maintaining the lake through the fall and winter months at near optimum levels for the environment and all wildlife species. The fishery especially has responded well to high lake levels through these critical months. We anticipate last year’s top-notch fishing to be even better during the 2006 season.

Creel Survey- Maine DIF&W will be conducting a creel survey at Aziscohos this year. Fern Bosse, ALPC Director, has been coordinating survey locations with Forrest Bonney, Fisheries Biologist. One survey location is Black Brook Cove. All anglers are encouraged to participate and see Jeff LaRochelle, also and ALPC Director, for more information on this voluntary survey. Information gathered impacts how Aziscohos is managed.

Fund Raising
We rely on the generosity of our supporters to fund ALPC’s activities. We need your continued support. Your tax-deductible contribution can be made payable to- The Aziscohos Lake Preservation Council, and mailed to Dave Driscoll, 529 Broomstick Hill Road, Littleton, NH 03561

Treasurers Report-
Aziscohos Lake Preservation Council, Inc.
For the year ended December 31, 2005

Bank Balance - January 1, 2005 $ 19.09
Deposits:
Donations-General Public $ 759.00
Donations-Fund Raiser $ 6,516.50
Donations- Held by The Wilderness Society $ 250.00
Deposit - Ticket Money Collected $ 157.00
Total Cash Available $ 7,701.59


Disbursements and charges:
Legal-Troubh, Heisler, et al $ 565.00
Repay start up loan $ 135.00
Money disbursed – Bosebuck expenses $ 202.00
Bank charges $ 30.00
Total Cash Disbursed $ 932.00

Bank Balance December 31, 2005 $ 6,769.59

We ended the year with all our bills paid and some funds in the bank. We wish to thank the owners, management and staff of Bosebuck Mountain Camps for their time and assistance in planning and hosting the "Fund Raiser". The "Fund Raiser" was not only a financial success but a great opportunity to meet your friends and neighbors. We hope to make this year's "Fund Raiser" a larger and even more enjoyable event and welcome your comments, contributions and participation. Submitted by David J. Driscoll, Treasurer.

We welcome you input and value your support. Please feel free to contact us with your questions and ideas.

Alan W. Johnson, President,
Aziscohos Lake Preservation Council, Inc.
P.O. Box 448, Walpole, NH 03608
603-756-3321 alan@rnjohnsoninc.com




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