April 29, 2015 NOTICE OF VIOLATION

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1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Dvson of Water, Bureau of Flood Protec8on and Dam Safety o25 B adway Abnny, N-w Yoik P 518) 4O F )518) April 29, 2015 NOTICE OF VIOLATION Town of North Castle Joan Goldberg Town Administrator 17 Bedford Road Armonk, New York Teresa and Kenneth Gleicher 4 Long Pond Court North Castle, NY Amy and Joel Dworetzky 43 Long Pond Road North Castle, NY Victoria and Arturo Maceira 41 Long Pond Road North Castle, NY Re Long Pond Dam, DEC ld#: , Class B (IntermedIate Hazard dam) Town of North Castle, Westchester County Dear Dam Owners: I am writing to you because our records indicate you are the owners of Long Pond Dam, I conducted a routine Inspection of the Long Pond Dam on March 31, 2015, as part of the Department of Environmental Conservation s (Department) ongoing Dam Safety program. I was accompanied by Mr. John Kellard, the Towns engineer, during the inspection. A copy of the visual observations generated from the inspection is enclosed. The dam is generally neglected, Inspection is not being performed at the dam. The owners have not performed the recommended maintenance nor have they monitored identified deficiencies at the dam, including seepage. NEW YORK Department of Environmental Conservation

2 must In addition, the owners have not submitted the following items and are in violation of the Departments Dam Safety regulation (6 NYCRR Part 673). Citation Requirement Status Develop and implement an inspection & VIOLATION Not Maintenance Plan. Due August 19, developed! implemented Develop and distribute Emergency Action Plan VIOLATION Not (EAP), EAP must be reviewed on annual submitted bas. Dueust 19, Submit Annual Certification be VIOLATION Not submitted by January 31 of each year, submitted Ling1t2P1P Complete and submit Engineering Assessment I Due August 19, JEA) byau9ustl 9, As a manmade structure, a dam needs an implemented safety program to ensure its continued safe operation. This dam has been neglected for years. In a letter from Mr. Roland Baroni, dated July , it is noted that establishment of a Park Improvement District for the area was favorably received by residents. Mr. Baroni also stated that he anticipated that the district would be formed by the end of In review of my file, at appears that the July 12, 2011 letter was the last written correspondence the Department received from the Town, or any other owner. In our recent conversation I understand the Town is still pursuing establishment of a taxing district, but that this faces hurdles, preventing formation of the district. Therefore, efforts to form a taxing district have not provided a timely solution that ensures maintenance of a safe structure. I recommend, as I did 4 years ago, that the impoundment be drained until a responsive owner(s) is identified. By June 12, 2015, provide a written response that includes a detailed plan and schedule to bring the Long Pond Dam into conformance with Dam Safety requirements, or your plan to lower andi or breach the structure. PLEASE TAKE FURTHER NOTICE THAT in the absence of full and complete voluntary compliance with the above issues the Department may initiate formal enforcement to compel repair or removal of the dam, by Department issuance of an Order. The Order would include payment of substantial civil penalties in accordance with law. If the Department s Order does not result in repair or removal of the dam by the owner(s) along with the payment of the civil penalty, the Department would gain the authority to breach the dam using state resources, and the right to seek reimbursement from the dam owners for the cost of breaching the dam.

3 Please keep in mind that any repair or construction related to the dam may require permits from the Department. Well in advance of beginning work at the dam, please check with the Regional Permit Administrator in the New Paltz office ( ) to see if any permits are needed. If you have any questions, please contact me at , or by at Sincerely, Donald E. Canestrari, P.E. Environmental Engineer 2 Dam Safety Section ec w/ end: Supervisor, Town of North Castle Carol Conyers, Esq, NYSDEC, General Counsel Alan Dominitz, NYSDEC, Dam Safety, Section Chief Berhanu Gonfa, NYSDEC, Water, Region 3 Milton Johnson, Westchester County Office of Emergency Management

4 New York State Department of Environmental Conservation Bureau of Flood Protection and Dam Safety 625 Broadway, Albany, New York DAM NAME STATE ID COUNTY NEAREST OS CITYITOWN OWNER S NAME DOWNSTREAM HAZARD LONG POND DAM WESTCHESTER Visual Observations Section A Hazard Code B Inspection Date: 3/31/2015 NORTH CASTLE Inspector(s): DC? BG TOWN OF NORTH CASTLE, GLEICHER, DWORETZKY AND MACEIRA INTERMEDIATE TOWNSHIP NORTH CASTLE WATER LEVEL BEHIND DAM DRAIN OPERATION Spilling Not operable DEFICIENCIES 1) Seepage LI 2) Slope Stability LI 3)Undesirable Growth LJ LI [1 4) Maintenance 5) SurhciaI Deterioration 6) Voids Met John Kellard, consulting engineer for Town of North Castle, at dam Dam generally neglected. L1 LI LI 7) Cracking 8) Movement/Misalignment 9) Data Overgrown with trees: Slooes covered with forest litter Seepage obseried in two in areas in proximity of downstream toe Brush! plant growth along spillway sidewalls Concrete deterioration along left sidewall PHOTOGRAPH # S o113

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7 r 4 ) S Dam ID# Long Pond Dam View across crest from left end of dam - Mature trees cover upstream and downstream slopes E Photo 6 Dam ID# Long Pond Dam Downstream slope - tree covered -forest litter across slope 4of8

8 E Photo 7 U Long Pond Dam Woody clippings dumped on crest! downstream slope I I Photo 8 Dam D# Long Pond Dam Right end of main dam closure dike crest in backqround rf I

9 L Photo 9 Dam Lit Long Pond Dam Looking north across main dam crest Photo 10 Dam ID# Long Pond Dam Dke Trees and forest litter 5ef8 I

10 ;14 : :11 I $ t j ai *4,4 ft r - 41t tlctn Photo 11 Dam ID# Long Pond Dam Seepage at right downstream groin 4 f1; / I a %, tr.ra Photo 12 Dam ID# Long Pond Dam 3/31115 Right groin seepage. wetness across toe of6

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