Rambaut Dam Removal Unlikely, Penalties Possible

The homeowners in the vicinity of Rambaut Lake and the Township Council may have the benefit of some time as they work to find a way to preserve the lake's deteriorating dam.

The structure is in no immediate danger of being removed by the state, and the Department of Environmental Protection does not have the money to breach the dam and drain the lake if it even wished to.

"The funds are not there to implement that type of program," said John Moyle, manager of Dam Safety and Flood Control at the DEP.

Furthermore, the DEP has little interest in taking such a drastic step, said Committeeman Chris DePhillips, who has been researching the issue for the governing body.

"The DEP does not want to drain the lake," DePhillips said, based on conversations he's had with DEP officials. "They have an interest in preserving it, as does the community."

The 100-foot structure at the 7.5-acre body of water off West Shore Drive has been in decline for years, with prior assessments indicating it could be destroyed in the event of a 500-year flood. While homeowners in the immediate area would like to take action, the lake's ownership and upkeep have been in doubt after a series of court rulings and lawsuits. A defunct corporation, Beekmere Inc., has remained as the de facto owners and caretakers of the lake, although they've operated without a corporate charter for almost 25 years. Twenty to 30 homeowners who live on the water and who could be regarded as Beekmere have maintained the lake voluntarily for years, but the price tag to address the dam is beyond their capabilities.

Estimates range from $650,000 to more than $1 million to repair or replace the dam. The Beekmere homeowners cannot obtain the funding by themselves, either via grant or loan, due to their questionable legal status. Recent litigation against both the neighborhood at large, known as Allison Acres, and the township to establish a permanent lake association, with dues going to maintain the lake, has been dismissed, leaving concerned homeowners few options pertaining to future funding.

However, the DEP is concerned about the safety and reliability of the dam, regardless of who is responsible for its upkeep. Beekmere homeowners have been warned twice, most recently in March, to take action or face consequences. "Remember, it is up to you, as the dam owner/operator, to maintain your dam in compliance with the Department's Dam Safety Standards," wrote Moyle in a March 5 letter to Beekmere. "Failure to comply may result in administrative penalties or referral to the Office of Attorney General for abjudication... an order to drain the impoundment and remove the dam may also be issued," Moyle continued.

The DEP manager said his department has "not yet determined the appropriate enforcement" strategy at Rambaut, although the state is "not in position" to breach the dam. 

While the possible imposition of administrative penalties "would allow the department in the future... to be able to go in there and remove those dams," Moyle said, "right now, the program doesn't exist."

However, failure to comply with the DEP could be costly.

The state does have the authority to eventually assess fines of up to $25,000 a day on the homeowners until they are in compliance with dam safety standards. Moyle said if nothing is accomplished at Rambaut, the DEP would "first go out with an order and notice of violation" while offering the homeowners an opportunity to settle the standoff before proceeding to penalties. Moyle said the department can thereafter issue an administrative order levying penalties and can eventually ask the Attorney General's Office to get a Superior Court order compelling the homeowners to act.

The concerned lakefront homeowners had turned to the township in prior years in an effort to obtain help in financing the repairs, but their appeals fell flat, they've said. They've found greater cooperation among the current Township Committee membership, who are working to see if a solution can be reached, thereby avoiding both any further litigation as well as the possibility that the DEP could one day have the funding and authority to remove the dam, thereby effectively destroying the lake as it now exists.

However, the "committee hasn't decided how involved it will get on this issue," said DePhillips, a first-year committeeman. Conversations with governing body members indicate that there is little interest right now in taking ownership of the lake and becoming responsible for its upkeep and dam repairs. Instead, it will continue to discuss what it may be able to do to help the homeowners, including the possibility of obtaining grant funding.

Inspection needed

The Beekmere homeowners' problems with the DEP also relate to necessary paperwork that has not been filed, as they are overdue on a biannual inspection of the dam. The last inspection, conducted by Boswell Engineering (the township's consulting engineers) in 2006, established that the dam could very well be washed away in a major storm. An up-to-date assessment does not yet exist, and Moyle said one must be conducted.

"We're hoping the township will fund that inspection," said Robert Scripps, a West Shore Drive resident who's been active in maintaining the lake.

He said such an inspection would cost several thousand dollars, but "we're (Beekmere) really spotty in terms of who gives money." He said there are only approximately 15 homeowners who voluntarily pay dues consistently, with 10 or so who pay "sometimes.

"There's no way we can reliably collect money from this group," Scripps said.

However, if need be, an inspection "could probably be done by this group."

The township also is "relying on the reports of the engineer of record (Boswell)," said Administrator Robert Shannon, although the governing body could have township Engineer Mark DiGennaro "eyeball" the dam for the committee's information. Any inspection DiGennaro could do would likely be purely informative and would not satisfy the DEP, as a specialist would likely have to be contracted for a full assessment.

DePhillips said the committee has not made any decisions on if it would pay for an inspection, "although the possibilities are endless." He expressed doubt as to whether Boswell Engineering should be brought in to perform that work again, as there could be the appearance of a conflict: the township was named in the most recent suit filed by Beekmere, and Wyckoff has an ongoing relationship with Boswell.

The DEP will not inspect the dam, with Moyle saying the department will only assess state-owned dams.

Future dialogue

DePhillips said the Township Committee plans to hold another community meeting on Rambaut Lake and dam, perhaps in June, to follow up on a well-attended session earlier this month. He and his committee colleagues will "continue to try to forge a consensus" and do what they can "to stimulate dialogue" although they "would like the community to take the lead" on the problem.

Tom Buda, a Lakeview Drive resident who represented the Beekmere families at the community meeting, is "anxious to see the followups to that meeting."

He said the Beekmere families have had little correspondence with the township since that session and have not heard anything from the DEP past the March warning letter. 

He's hopeful another session would serve to "offer input on recommendations" made, rather than soliciting more ideas.

Recommendations were numerous at the community forum. They included a special tax assessment on homeowners to establish a permanent funding source; the solicitation of corporate money; the township taking ownership of the lake (the homeowners would deed the land at no cost); the township appropriating Open Space funds (currently targeted for the possible acquisition of Russell Farms); and more.

Mayor Rudy Boonstra said Wednesday night that the meeting garnered "some feasible" suggestions and some that weren't advisable.

Scripps is hopeful that the community involvement and Township Committee assistance will help lead to a positive resolution. While past committees "ignored us for years," it's "good for us to know that there are people interested in saving this lake."