The New York State Department of Environmental Conservation (DEC) today announced an agreement with Rensselaer County, the Town of Sand Lake, and the Burden Lake Preservation Corporation (BLPC) to restore the Burden Lake Dam, an intermediate hazard dam in the town of Sand Lake. Under an Order on Consent with DEC, the County, Town, and BLPC will upgrade the dam and resolve outstanding dam safety violations.
“These local communities understand the need to take decisive action to address dam safety violations and worked closely with DEC to develop an effective solution,” said DEC Region 4 Director Sean Mahar. “DEC is committed to helping ensure that dams are operated and maintained in a safe condition. This consent order is an important example of how dam owners can resolve noncompliance, preserve their dams, and in doing so, ensure the opportunities for fishing and other recreational activities for residents and visitors.”
The Order, which was approved by local legislatures in each community and the board of BLPC, ends years of uncertainty and neglect of the dam and is the result of collaborative work by the County, Town, and BLPC in productive, practical planning and effective problem solving. The Order settles DEC’s pending administrative dam safety enforcement action and includes reduced payable penalties and a schedule for the restoration work.
Rensselaer County Spokesman Richard Crist said, “Rensselaer County welcomes this resolution and looks forward to the engineering assessment of the dam, which may include possible future uses of the Burden Lake Road (County Route 51). Throughout this process, the county was ready to meet our obligations, in conjunction with the other involved parties meeting their legal obligations as well, and to only utilize county resources for county responsibilities. This agreement meets those requirements, while also enabling non-county resources to be used to make needed improvements to the dam. Thank you to DEC for their oversight and assistance in this effort."
Town of Sand Lake Supervisor Stephen Clemens said, “The Town of Sand Lake is committed to working with DEC and the other parties to ensure that that the Burden Lake Dam meets all applicable standards."
Burden Lake Preservation Corporation Dam Committee Chairman Larry McKeough said, “This milestone will allow the BLPC to achieve its objective to preserve the water levels, property values, and the ecosystem of Burden Lake for future generations. We hope to receive the Federal Emergency Management Agency grant to help bring this project to fruition.”
The compliance schedule includes milestone dates for submission of an acceptable Emergency Action Plan, Engineering Assessment, and revised Inspection and Maintenance Plan along with due dates for a complete permit application and construction milestones.
Burden Lake, which spans the towns of Sand Lake and Nassau, is surrounded by approximately 340 residences, allows public launching of cartop-type boats and fishing from the two Dyke Roads and provides abundant fishing opportunities and recreation to the public year round.
According to BLCP, the 1863 dam system was designed as a water storage reservoir to power the mills along the Wynantskill Creek and to both impound the lake and regulate the lake’s water level. A segment of Burden Lake Road (County Route 51) runs along the top of one part of the dam and has been closed since 2021. An engineering assessment of the dam may include future uses of the road segment after the dam is reconstructed. In addition to the road embankment of approximately 365 feet, the dam includes the associated culvert or spillway under the road, a containment berm or levee that extends northward approximately 950 feet alongside the West bank of an unnamed channel up to the Wynantskill Creek, and a weir extending across the creek.
Throughout New York State, DEC’s dam safety staff inspect dams and review the required technical submission of dam owners, including emergency action plans for compliance with dam safety regulations. DEC provides dam owners in New York State with published dam safety guidance, review of technical submissions, site inspections, and permits to construct, repair or remove dams. Visit DEC’s Dam Safety Program for more information.
