Dam Concerned Citizens Inc.

We are pleased to inform you we are now tax exempt. Donations will now qualify for deduction with IRS. We hope NYS status will follow soon.


DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201


Dated: NOVEMBER 27 2007


DAM CONCERNED CITIZENS, INC.
PO BOX 422
SCHOHARIE, NY 12157


Employer Identification Number: 20-xxxxxxx

DLN:
xxxxxxxxxxxxxx

Contact Person:
JOY M HLAVATY ID# xxxxx

Contact Telephone Number:
(877) 829-5500

Accounting Period Ending:
December 31

Public Charity Status:
170(b) (1) (A) (vi)

Form 990 Required:
Yes

Effective Date of Exemption:
March 14, 2006

Contribution Deductibility:
Yes

Advance Ruling Ending Date:
December 31, 2010

Addendum Applies:
No


We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records.
Organizations exempt.under section 501(c) (3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter.

DCC met with the Flood Committee of the Board of Supervisors on Tuesday, 4/24 and after discussion, a motion "to send a letter to NYCDEP requesting the installation of 4 more siphons at the Gilboa Dam" was made by Supervisor Robert Mann, seconded by Supervisor Dennis Richards and passed. This motion is in referrence to the proposal posted Friday, 4/20 on this news site. Have questions? read the proposal and you will understand why the proposal was submitted.

To:Board of Supervisors From:Dam Concerned Citizens Re:Shandaken Tunnel Closure

Presented to Supervisors at 4/20/07 Board of Supervisors Meeting.

The attached letter proposes as interim method for coping with the loss of Shandaken Tunnel drainage from the Schoharie Reservoir. During the tense months following the revelation of structural deficiencies at the Gilboa Dam in October, 2005, the Shandaken Tunnel played a vital role in the lowering of water levels in the Schoharie Reservoir. The "tunnel", at the intake chamber, was operating at 62.5% capacity, with 5 of its 8, 3'x7' gates open. Three gates were inoperable. Even with reduced capacity to carry water out of the Schoharie Reservoir, the Shandaken Tunnel moved water at a rate of 900 cfs from October, 2005 until December, 2006, with few interruptions. Since, this means of drawdown is now largely lost, and will be for the foreseeable future, some other means of drainage is needed. Hence, this letter and its proposal. Also, included are documents that will illustrate the efficiency of the four existing siphons, and a website that displays, in "real time" at 15 minute intervals, spillway discharge for the West of Hudson reservoirs, including the discharge via the Gilboa Dam spillway, excluding the siphons. The combined spillway and siphon discharge is illustrated by theUSGS gauge at Gilboa.

On February 26, 2007, the United States Supreme Court denied a petition for certiorari, by New York City, to overturn the Second Circuit Court of Appeals decision that prevents the inter-basin transfer of turbid water from the Schoharie Reservoir/Gilboa Dam complex, Mohawk River drainage basin, into the Esopus Creek and Ashokan Reservoir, Hudson River drainage basin. The terms of the Circuit Court’s decision, which was sustained by denial of certiorari to New York City, is that the Shandaken Tunnel will be closed when NTU levels, ie. a measurement of mud induced turbidity exceed limits set down in the New York State Pollutant Discharge Elimination Permit, ie. SPDES Permit.

A public meeting was held at the NYCDEP office, 918 Ulster Ave., Kingston, NY, at 10:00 a.m., Thursday, March 22, 2007. This is the office that oversees the operation of the two “Catskill” Reservoirs, the Schoharie and Ashokan systems, impounded by the Gilboa and Olive Bridge Dams, respectively. This meeting was very well attended. It lasted for over 3 hours and dealt with the causes of turbidity in the Catskill Rivers and how DEP plans to operate the Shandaken Tunnel under the terms of the NYSPDES Permit. An intensive question and answer period brought forth much information of great importance to people residing in the corridor of the Schoharie Creek and Mohawk River, downstream of the Gilboa Dam. This area embraces parts of Schoharie, Montgomery and Schenectady Counties. It was revealed, that in order for NYCDEP to comply with the conditions laid down by the NYSPDES Permit, discharges from the Schoharie Reservoir, through the Shandaken Tunnel, would be DRASTICALLY REDUCED. It was estimated that the Shandaken Tunnel would be “out of service” 90% of the time. Thus, a subsurface release works, that residents downstream of the Gilboa Dam have relied on for over 80 years, to reduce reservoir levels, will be closed, often, when it is needed most.

Looking back, we know that turbidity levels rise when it rains and we know what excessive rainfall in the Schoharie Creek drainage basin can do.

The fact is, that 4 of the top 10 floods, in the history of record keeping on Schoharie Creek flow, occurred in the space of 2 years; Jan. 18 & 19, 2006, 19,650 cfs, tied # 10, April 3, 2005, 53,077 cfs, #4, Sept. 18, 2004, 27,659 cfs, #8, and Monday’s flood of April 16, 2007 has bumped flood #9 to the position of flood #10. The April 16, 2007 flood was at 22,600 cfs at 6:15 p.m. at Gilboa, according to USGS figures.

Considering the above mentioned recorded facts, an additional mechanism for lowering reservoir levels below the 220’ notch, el. 1124.5’ is needed to replace the “tunnel” out fall, which will be available only 10% of the time. The four siphons, now in place, can discharge water “up and over” the dam, operating at peak efficiency with a discharge of around 900 cfs. The effective draw down level of the siphons is reservoir el. of around 1,110’. These siphons have operated effectively, and economically, for over a year, when in use, to reduce water levels behind the Gilboa Dam. When used in connection with the 900 cfs maximum discharge from the Shandaken Tunnel, draw down was rapid. Now, and for the foreseeable future, “tunnel” discharge will be unavailable when needed most.

Therefore, it is logical that four more siphons be installed at the Gilboa Dam to “make up for” lost reservoir draw down capacity.

These siphons should be installed before Autumn, 2007, as “hurricane season” marks the beginning, as a rule, of high water levels in the Schoharie Creek. An additional benefit of the “extra” siphons is that they will help to reduce water levels behind the dam more quickly, so as to eliminate or at least reduce work time lost during the dam “rehab”, due to water spilling over the 1,130’ crest of the spillway.

Proposal was made by Mike Montario (Cobleskill) to have the Board make a written request to NYC for the four extra siphons. Chairman Earl Van Wormer suggested that the matter be brought up at the Flood Committee meeting on Tuesday 4/24/07 at 5:00 pm, and that an NYC representative be invited to attend. Chairman Van Wormer also wants to have a consultation with the County's Dam Engineer for his opinion. The issue is to be readdressed at the May Supervisors meeting.

Check out the new photos in the photo album link. They are flood and high water pictures taken 4/17/07 as we drove from Blenheim to above Lexington, NY. It is amazing how fast and furious the Schoharie and its tributaries can become in a short period of time. We have more pictures coming and will post them, soon. Thank goodness for the "notch" and "siphons".