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HomeMy WebLinkAboutNYS DEC Rye Brook Estate Dam Inspection 2024-4-29 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Water,Bureau of Flood Protection and Dam Safety 625 Broadway,Albany,New York 12233-3504 P:(518)402-8185 1 F:(518)402-9029 www.dec.ny.gov April 29, 2024 Katonah Management Group, Inc. Attn: Kyle DeVito, Managing Agent 334 Underhill Ave, Suite 5D Yorktown Heights, New York, 10598 Re: Rye Brook Estates Dam, DEC ID# 232-4333 Village of Rye Brook, Westchester County Class B Dam — Intermediate Hazard Dam Condition Rating: "No Deficiencies Noted" Dear Mr. DeVito: John Smith, Berhanu Gonfa, and I conducted a routine visual inspection at the Rye Brook Estates Dam on March 21, 2024, as part of the Department of Environmental Conservation's (Department's) ongoing Dam Safety program. I want to thank you for meeting us at the dam during our routine inspection. I am writing to you as it is my understanding that you are, or represent, the owner of this structure The left/right nomenclature used in this letter and in the enclosed Visual Observation Report is based on one looking downstream from the center of the crest of the dam. Inspection In general, the dam appeared to be maintained; however, the visual appearance of the dam does not necessarily reflect an unchanging condition. The observations noted in the enclosed report are primarily maintenance items. These items should be addressed during your ongoing maintenance program, or as part of planned repairs. Listed below are the highlights of the observations made during the inspection: 1. The dam crest, downstream embankment, and upstream embankment all appeared to be in good condition. There are large mature trees within 20 feet of the dam perimeter. 2. The service and auxiliary spillways appeared to be in good condition. 3. There was runoff erosion along both downstream abutments. 4. The left downstream masonry wall had areas of seepage with little active flow. The seepage was clear in color. YORK Department of srarE Environmental Conservation Regulations This dam has a hazard classification of "Class B — Intermediate Hazard." The following table summarizes the current status of compliance for this dam for those sections of the regulations that have specific deadlines for compliance. Compliance Status Table Citation Requirement Status 673.6 Develop and implement an Inspection & An I&M Plan must be Maintenance (I&M) Plan by August 19, 2010. available for review, if requested. 673.7 Develop and submit to the Department an VIOLATION — The EAP Emergency Action Plan (EAP) no later than was last updated on August 19, 2011, and review and update annually 5/26/2021 . Please thereafter. To be considered "final" a completed submit an updated EAP Promulgation and Concurrence (P&C) form must to the Department. also be submitted indicating that the EAP has been distributed to and coordinated with local emergency responders. 673.8 Submit an Annual Certification (AC) to the VIOLATION —An AC Department by January 31st of each year was last received on (covering the previous calendar year). 1/24/2023 for the 2022 Calendar Year. Please send the 2023 AC to the Department. 673.13 The first Engineering Assessment (EA) of a Class The "Basis for Design B dam was due no later than August 19, 2015, Report," dated January and a full Engineering Assessment is due every 2022, and used for 10 years thereafter. Permit ID 3-5548- 00086/00003, serves as the second-round EA. Next EA is due on or before January 2032. AC Please note Annual Certifications can now be submitted electronically through the NYS Dam Safety webpage. The full text of the revised 6 NYCRR Part 608 and Part 673, along with technical guidance, templates and forms can be downloaded from the Dam Safety webpage at: http://www.dec.ny.gov/lands/4991.html. EAP As part of the next revision of the EAP, please update the Dam Safety contact information on the Notification Flow Charts to: • Dam Safety Dispatch (24 hour), (518) 486-4326 (486-4DAM) • Dam Safety (business hours), (518) 402-8185 • Donald Canestrari, Section Chief (business hours backup), (518) 402-8138 Condition Rating The Department as previously assigned a Condition Rating of "Unsound — Deficiency Recognized" to the Rye Brook Estates Dam in the July 25, 2019, Inspection Letter. The Condition Rating was due to the dam having inadequate spillway capacity as stated in the 2015 EA. The Department hereby assigns a new Condition Rating of "No Deficiencies Noted" to the Rye Brook Estates Dam, in accordance with 6 NYCRR Part 673.16. This Condition Rating means that the dam has no existing or potential dam safety deficiencies are recognized. Acceptable performance is expected under all applicable loading conditions (static, hydrologic, seismic) in accordance with the applicable regulatory criteria. Minor maintenance items may be required. Permit ID 3-5548-00086/00003 A permit to rehabilitate the dam was issued February 16, 2022. As-built drawings, a statement of completion of work by the engineer, and construction inspections reports were received. This permit is closed. According to the 2023 As-Builts drawings, Sheet DP-1 , Note 1 states that "The area in front of the Dam shall be grubbed to a point 20ft downstream of the face." The inspection revealed several potential trees within 20 feet of the toe. Please explain why these trees were not removed. Permit Please keep in mind that any repair or construction activities related to the dam may require permits from Department. Well before beginning work on the dam, please check with the Regional Permit Administrator at the Department's Region 3 — New Paltz office at (845) 256-3054 to see if any permits are required. Please feel free to contact me by email at Jacob.Luther(a)-dec.ny.gov or by phone at (518) 402-0014; or John Smith at John.Smith(a)dec.ny.gov or by phone at (518) 408- 0338 should you have any questions or wish to discuss in greater detail. Digitally signed Sincerely, Jacob Luther oob Date: Luther2024.04.29 08:55:56-04'00' Jacob Luther, E.I.T Assistant Engineer Dam Safety Section ec w/ enc: Donald Canestrari P.E., Section Chief, Donald.Can estrari(a)-dec.ny.gov John Smith P.E., NYSDEC Dam Safety, John.Smith(a)dec.ny.gov Berhanu Gonfa P.E., Regional 3 Representative, Berhanu.Gonfa(o)_dec.ny.gov Manju Cherian P.E., Region 3 Water Representative, Maniu.Cherian(a-)dec.ny.gov Paul S. Rosenburg, Mayor, Village of Rye Brook, mayor(a-)-ryebrook.org Dennis Delborgo, Westchester County Emergency Management, d rd 2(a)we stch e ste rg ov.co m Katonah Management Group, Inc. Attn: Kyle Devito, Managing Agent 334 Underhill Ave, Suite 5D Yorktown Heights, New York, 10598 Email — kdevito(a)katonahmgmt.com New York State Department of Environmental Conservation Bureau of Flood Protection and Dam Safety Visual Observations DAM NAME Rye Brook Estates Dam STATE ID 232-4333 SECTION C HAZARD CODE B COUNTY Westchester INSPECTION DATE 3/21/2024 NEAREST DS CITY/TOWN Port Chester INSPECTOR(S) JZS/JML/BXG OWNER'S NAME HIDDEN FALLS AT RYE BROOK HOMEOWNERS ASSOCIATION, INC. DOWNSTREAM HAZARD Intermediate TOWNSHIP Village of Rye Brook WATER LEVEL BEHIND DAM 1/2 in over the service spillway crest, by eye DRAIN OPERATION Reportedly operated last year DEFICIENCIES 1)Seepage 4)Maintenance 7)Cracking 2)Slope Stability 5)Surficial Deterioration 8)Movement/Misalignment 3)Undesirable Growth 6)Voids 9)Data General: —Accompanied by Kyle DeVito Upstream: —Could not be observed well Dam Crest: —The dam crest appeared to be in good condition Downstream: —Could not be observed well. There are three locations of seepage with little flow located on the left upstream face of the masonry wall. Cast iron conduit flowing. —Both downstream embankments have evidence of runoff erosion Service Spillway: —The service spillway appeared to be in good condition Auxiliary Spillway: —In apparent good condition. 03/21/2024 Page 1 of 4 �t Photo 1 Dam ID# 232-4333 Rye Brook Estates Dam 03/21/2024 Dam crest looking left ON RIMa ' Fvp a „ x� ,' g -- k «" a f y i ICE C a Photo 2 Dam ID# 232-4333 Rye Brook Estates Dam 03/21/2024 Downstream view of the dam 03/21/2024 Page 2 of 4 a T 7�c Y ' .......rah.,,.,,„. _ f �I•I�� �I•I �o!!'IlIIRL't,";f!f!�P'ry'I�i " re!€r�jp�-„�, u'all�.`:�� tP u � t l 1 1 � • � • I Z R; y. 1 _ LLA x Photo 5 Dam ID# 232-4333 Rye Brook Estates Dam 03/21/2024 Right abutment t Photo 6 Dam ID# 232-4333 Rye Brook Estates Dam 03/21/2024 Downstream view of the dam 03/21/2024 Page 4 of 4