Hudson River Waterfront Conservancy of NJ, Inc.
600 Harbor Blvd, Unit 1043
Weehawken, NJ 07086

July 19, 2017

Ms. Barbara Baus
NJDEP Bureau of Coastal and Land Use Compliance and Enforcement
401 East State Street
Mail Code 401-04C
P.O. Box 420
Trenton, NJ 08625

Dear Ms. Baus,

On June 22, 2017, the Hudson River Waterfront Conservancy (HRWC) received a copy of the
Proposed Administrative Consent Order – NEA 150001-213-02-0003.2 - IMO River Outlook
Associates, LLC, 1275 River Road Associates, LLC, Fred Daibes and The New Jersey Department
of Environmental Protection signed by Fred Daibes on April 3, 2017.

The HRWC has reviewed the subject Administrative Consent Order and provides the following
comments and concerns.

Walkway Construction at the Site (1275 River Road). – The Conservancy is pleased that
finally after over 10 years of delay this vital link of the Walkway will be built. We are concerned
that the Consent Order allows almost two years from signature to construct the Walkway
segment. This seems inordinately long considering the extended time since the original violations
occurred at this site. We would suggest that the Walkway segment can be constructed within 6
months of approval of all permits.

Walkway Width – The Consent Order allows the Walkway to be built with a width of only 8 feet.
As we have learned in other sites along the Walkway, narrow Walkway segments exacerbate the
competing use of the Walkway among the various groups (Bicycles, strollers, walkers, etc.) that
use the Walkway for recreation and transportation. The Conservancy asks that the 8 foot width
be reassessed and a wider Walkway of at least 12 feet be included in the Consent Order. From
an examination of the Site there seems to be no reason for such a narrow Walkway on the Site.

Supplemental Environmental Project (SEP) – The Consent Order allows for construction of a
SEP at an alternative location on the Walkway in return for a credit of $718,941 against agreed
penalty payments by Daibes, et al. The Conservancy supports the concept of the SEP as it
returns the funds back to the Walkway rather than add them to the State’s general funds.

Selection of the SEP Site(Paragraph 27). - The site of the SEP cannot be selected unilaterally
by Daibes, et al. The site needs be selected based on an objective assessment by relevant and
knowledgeable stakeholders along the Walkway. The selection of the SEP site as described in
paragraph 27 of the Consent Order of the SEP should be done in conjunction with the
appropriate stakeholders for the Walkway including the HRWC, the relevant municipality and
other interested parties after assessing the various opportunities for the most productive and
beneficial implementation of the SEP. This selection process should include opportunities for
public review of the selection process.

Design and Construction of the SEP (Paragraph 28) - Daibes et al, cannot be allowed to
construct the SEP. Daibes et al should be precluded from acting as the contractor for the SEP to
ensure that the $718,941 is actually spent on construction of the SEP and not returned to
Daibes et al in the form of construction profits or overheads. We ask that Paragraph 28 be
adjusted to require public bids for the SEP under the jurisdiction of the DEP and the preclusion
of any contractor related to or associated with Daibes et al.
The Hudson River Waterfront Conservancy is prepared to discuss any of these issues and
recommendations with the DEP.

Respectfully yours,

Donald Stitzenberg,
President
Hudson River Waterfront Conservancy
600 Harbor Blvd, Unit 1043
Weehawken, NJ 07086
Ph - 201-519-7057
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