Dam or Distraction?

• Clarification: The DEC has not officially ruled on what the dam's classification is as of yet. They must first review documents from FASNY's engineer.

Discussions of an earthen berm—described by some as a "dam"—at the former Ridgeway Country Club have spurred visions of destructive flooding for some.

The property owner, The French-American School of New York (FASNY), says that the water impoundment structure is not a dam, and the issue serves as a scare tactic—while municipal officials say the water impoundment structure doesn’t appear to cause any immediate danger.

“The concerns that were brought to my attention, which seem like legitimate concerns, are that it is not being maintained,” said Gedney Associate President Terence Guerriere.

Guerriere started hearing from neighbors a few weeks ago who said they believe that a lake on the 129-acre site is getting larger. The DEC estimates the lake to be about 5 acres of surface area, and hold about 3 million gallons. It was created as a retention pond around the 1970s, and was used to irrigate the golf course.

Many residents, including the neighborhood association, are opposed to FASNY’s plans to build a nursery school through twelfth grade on the property, which would require a special permit from the White Plains Common Council.

FASNY’s lawyer Michael Zarin said this is the true reason the issue regarding the lake is even being brought up, when it was never an issue under Ridgeway’s ownership. He says there is no “structure,” at all, that it is just the wall of the lake and shouldn’t be referred to as a “dam.”

“There is no dam. It’s a retention pond,” said Zarin. “It’s been maintained over the years like every other pond in Westchester County, you watch its levels.”

When FASNY became official owner of the 129-acre site in January it stopped irrigating, and maintaining the land as a golf course.

Gedney Association Vice President John Sheehan said, , that this is the reason the lake is growing.

Resident Padraic Lee said at the meeting that if the pond’s earthen dam was breeched it could be “potentially devastating,” causing damage to Ridgeway Alliance Church and surrounding properties. A map of the possible flood route was handed out at the meeting. Click on the PDF to view it.

Zarin says that the retention pond or so-called “dam” isn’t overflowing, breaching or in danger of breaching, and that the allegations are being used as a scare tactic.

“Water is being stored in this area, that’s a far cry from ‘the dam that’s about to burst,’ and I think that this story was put across by people who are trying to create that image and scare people,” said Zarin. “I really do feel this is an example of people who are essentially harassing FASNY, and raising an issue no one has ever raised before to make it difficult for us.” 

After receiving complaints from residents who live near the former golf course, the City conducted a site visit on Aug. 15 with the DEC. According to White Plains Building Commissioner Damon Amadio, this was the first time the City became aware of any issues with the retention pond on the former country club’s site.

Amadio, White Plains Public Works Commissioner Joseph “Bud” Nicoletti, and Berhanu Gonfa, an engineer with the DEC, observed “the standing water level to be close to the top of the impoundment structure (an earthen berm, estimated to be 12 feet high). The corrugated overflow drain pipe was noted to have standing water several inches above its invert,” according to a letter from the City to FASNY. Click on the PDF to read the letter. 

City officials also found a catch basin that connects to the pond clogged with algae. After FASNY’s maintenance man removed some of the debris, the pipe began to flow, lowering the reservoir level. An embankment on the eastern side of the property forms the impoundment. Officials found the embankment slopes to be covered by trees, brush and other vegetation.

According to DEC spokesperson Wendy Rosenbach, this isn’t ideal since it could, “limit the ability to inspect/identify deficiencies; cause internal erosion; and weaken the stability of the slope, and/or provide a pathway for seepage.”

The City has ordered FASNY to remove trees from the face of the structure, lower the spillway invert, prevent water stagnation and create a maintenance plan for the lake and its water impoundment structure.  

The engineer will also take measurements of the lake/water impoundment structure to determine whether it will be classified as a dam under the DEC’s guidelines, which would require FASNY to get a permit from the DEC if construction were to take place on the lake or its water impoundment structure.  FASNY has retained an engineer who is currently working to fulfill these requests. 

“There is certainly a significant amount of water there,” said Nicoletti. “Whether or not it’s a dam under the DEC, there are certain housekeeping items they need to attend to. An overflow pipe needs to be serviced and maintained to prevent water from accumulating in the reserve area to the point whether it can overtop the impoundment structure.” 

According to the DEC’s visual observation of the structure the dam was given a hazard classification of a Class A, low hazard dam. The DEC has not officially ruled on what the dam's classification is as of yet. They must first review documents from FASNY's engineer.

If this type of dam were to fail, it would be “unlikely to result in damage to anything more than isolate or unoccupied buildings, undeveloped lands, minor roads such as town or county roads; is unlikely to result in the interruption of important utilities, including water supply, sewage treatment, fuel, power, cable or telephone infrastructure; and/or is otherwise unlikely to post the threat of personal injury, substantial economic loss or substantial environmental change,” according to the DEC’s definition of a Class A dam.

“This is a legitimate concern, but we’re not concerned about any imminent danger,” said Amadio.

Senior Advisor to the Mayor Karen Pasquale said the City would make sure that residents concerns are checked into.

“Our goal here is to ensure the property owner maintains this structure, whatever it is ultimately called,” Pasquale said. “That’s the City’s job.”

Residents have previously complained about FASNY’s maintenance, as the property is no longer maintained as an immaculately manicured golf course. Residents also have complained about a lack of security on the site. Guerierre said that regardless of whether the earthen dam presents any danger or not, FASNY should be aware of the site and its required maintenance.

Zarin says that FASNY has responded to concerns about maintenance, and now have several people who maintain the site on a daily basis. They have also increased security, and have security on-site 24-7. Sheehan acknowledged FASNY's response to these issues at the Sept. 16 meeting. 

FASNY says it also took precautions to lower the water level in site’s retention ponds before Tropical Storm Irene hit. 

“We’re committed to do what needs to be done to maintain the site in good shape, and not as a golf course, but secure and maintain it,” said Zarin. 

Zarin says that the issue regarding the retention ponds and its water impoundment structure take away from justified concerns other residents have.

“Traffic, that’s a legitimate issue, let’s talk about that,” said Zarin. “If you want to talk about how we’re going to control storm water onsite, which today has no control or treatment; or what the buildings are going to look like; or who is going to take care of the preserve—we should talk about those things. To spend more than 10 minutes on this issue, really doesn’t do the rest of the issue justice.” 

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