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
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03/21/2024 Page 2 of 4
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Photo 5 Dam ID# 232-4333 Rye Brook Estates Dam 03/21/2024
Right abutment
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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