County of Rockland

COUNTY OF ROCKLAND

DEPARTMENT OF HIGHWAYS

23 New Hempstead Road

New City, New York10956

(845) 638-5060

Fax. (845) 638-5037

Email:

C. SCOTT VANDERHOEFCHARLES H. VEZZETTI

County Executive Superintendent of Highways

September 2, 2008

Mayor Lawrence R. Lynn

Village of Grand View-on-Hudson

118 River Road

Grand View, New York10960

Re: PIN 8755.22

River Road Reconstruction (CR 1)

Stevenson Street to Tappan ZeeBridge

Village of Grand View-on-Hudson, RocklandCounty

Dear Mayor Lynn:

Attached are responses to the written questions from residents along River Road regarding slope stability remediation, that were transmitted in your June 20, 2008 letter. The responses were prepared by the County’s engineering consultant, C&S Engineers, Inc., and provide detailed information regarding impacts to properties from the proposed slope treatment alternatives. A copy of the responses, along with the attachments, is also being provided on the project web site (

As discussed at previous meetings with residents, the existing steep slopes in the affected areas are not adequate to insure the long term stability of the roadway, and some type of remediation is necessary. A copy of the Geotechnical & Slope Stability Evaluation Report documenting this determination is available on the project website. In order for this project to proceed, the County needs the continued cooperation of Village officials and residents to reach agreement on the preferred method for stabilizing the slopes. Please keep in mind that this is a federal aid highway improvement project that provides many benefits for the Village. However, the project must include a reasonable, cost effective solution to the slope stability issue.

Please distribute the attached responses to the affected property owners for their consideration. We request that the Village review the information provided and reach a consensus with the residents on which slope treatment alternative is preferred (fill slope or retaining wall).

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If any additional information is needed, or if you feel another meeting would be helpful, please contact George Wolpert at (845) 638-5060.

Very truly yours,

Charles H. Vezzetti

Superintendent

River Road Reconstruction

Rockland County, NY

Responses to Village Grand View-On-Hudson Questions dated 6/20/08

1. Proposal for Rip-Rap:

What are the fluvial geomorphologic implications of building out into the River as they relate to other properties, e.g., silting up, erosion?

The implication of building out into the river requires approval by the regulatory agencies(COE, NYSDEC, and OGS). This will be provided when received. C&S has informed the Village at public meetings that the regulatory agencies will not provide responses to alternatives, and will only respond to the selected treatment alternative. The County’s preferred alternative is the slope fill with vegetative cover. Erosion is being addressed by armoring the shoreline with heavy stone fill.

Additionally, the proposed heavy stone fill will armor the shore line above mean high water and will prevent further erosion of the shoreline in the areas of steep slopes.

Please provide a copy of the scientific study dealing with the effects of this proposal on the Hudson River.

See above answer

Please also provide information about other riverbank projects completed by C&S and locations, so that we may view same.

C&S has completed the following design projects at riverbanks:

1. HudsonRiver-SchodackLandingCastletonIslandBridge
2. Oswego Riverbank stabilization-Retaining Wall replacement - City of Oswego
3. NYS Canal-NYS Thruway Authority-Relocation of Maintenance Facilities, Syracuse
4. SenecaRiver-BelgiumBridge Replacement, Baldwinsville
5. St Lawrence Seaway-4 Boat Launch Facilities for NYS Power Authority - Massena

a.What are the effects on docks to the south?

The proposed fill will not have any impact to the docks south of the stone fill areas. All of the proposed sites are tucked between or downstream of existing seawalls or other structures that protrude to or beyond the proposed project fill slope. These slopes will in effect be filling in the irregular shoreline between the extended shore line at developed property.

b.How will Village Hall pilings be affected?

The Village Hall pilings will not be disturbed by the fill slope treatment. It is proposed that the fill slope will taper to meet the existing grade at the property line between Village Hall and the Laifer property line, see design plans on website.

c.How will navigation and currents be affected?

The primary navigation channel is along the east side of the river and will not be impacted by this work. Placement of the fill on the west side of river will not have effect oncurrents in the river. The scale of the work is not of sufficient size to have any impact. This project has also been reviewed by NYSDOS regarding its consistency within a recognized Coastal Zone Management Zone. A Coastal Assessment Form was sent to the NYSDOS for review. They have concurred(see attachment 3 dated April 24, 2007), that this project will not have any significant impact on the coastal area and is consistent with the coastal policies.

d.How will swimming and local boating be affected?

Swimming and local boating shall be effected only by providing a slightly deeper water elevation at the end of the fill that is controlled by the drop off slope of the natural river bottom. Access to the river will be via existing or replacement stairs and docks to a point that is generally at the same elevation. Most of the properties have existing stairs and dock areas, and some ownersare considering enhancing their access now. The existing stairs and docks may be modified by the owner to meet the proposed conditions. The cost of these modifications will be included in the easement for each parcel.

2.What species will be impacted and to what degree? Which species will be endangered? How has this been determined?

Consultation is underway with the NYSDEC NY Natural Heritage Program, US Fish and Wildlife Service and National Marine Fisheries Service (NMFS) regarding any endangered or threatened species that exist in the project limits. The only identified endangered species identified in this section of the river is the short-nose sturgeon. Discussions with the NMFS have indicated that the disturbance of the river bottom, while it may have a temporary disruption, will not have a lasting impact. They have indicated that the slope fill will to a certain degree improve the habitat for the sturgeon. The fill can provide a habitat for small crustaceans, which are a food source for the short-nosed sturgeon. During construction, using turbidity curtains, timely seeding of bare surfaces and using other best management practices including working under low tide will minimize any temporary impacts to the sturgeon and its habitat.

3.How will the expansion of the Tappan ZeeBridge affect the extension of these properties?

The Tappan ZeeBridge project is still in the study phase. There has not been a preferred alternative determined. Information about the Tappan Zee Project is available on the Thruway website.

4.Who will own the accreted land:

a.If the Grand View property owner owns the land under the buildout;

The Vandervelde and Spagna properties have existing water grants attached to their parcels. Water grants are treated as “private property.” There will be no change in ownership or transfer of title for the area required for the placement of the stone embankment. An easement will be required to construct the fill. It is proposed to build the fill within a Permanent Easement which is attached to the parcel in perpetuity. This easement grants the County the right to access the property for the sole purpose to maintain the slope, with just compensation for the easement being given to the owner in accordance with federal regulations. The current owner will retain title to and all rights to use the property as before, but will have conditions described in the easement to prevent the integrity of the proposed embankment from being lessened or removed.

b.If the Grand View property owner does not own the land under the build-out;

Research shows the Dow, Simboli, Hellman, Quinn and Laifer properties are not covered by nor have water grants attached to the properties as determined by mapping provided by the New York State Office of General Services (NYSOGS), which has jurisdiction over underwater property. As noted above, the fill will be placed on land acquired as a Permanent Easement for which the owner is compensated. These owners will not gain title to any property extension created by the fill slope. There is no change in the boundaries of the existing parcels. The slope placement in the river, beyond the property lines defined in the deed of record, will be completed by a letter of consent received from NYSOGS. As noted above the owner retains all use of the property with conditions and will retain all riparian rights to access and use of the “new” shoreline as they had prior to the placement of the fill slope.See attachment 1.

1. Will the County have new property surveys and deeds prepared?

New maps and descriptions will be prepared to identify the boundaries of any easements acquired,specific uses for the easement and the conditions attached to the easement for the continued use by the owner. The river bottom area beyond the parcel limits will not be included in the easement map since the property does not belong to the propertyowner (OGS will continue to be the owner), and no transfer of title is being made.

1. If the Grand view property owner does not own the accreted land:

a.Who controls access from the River to the property? How does the Grand View property owner get a guarantee that strangers will not enter the property?

NYSOGS will retain jurisdiction over the submerged lands beyond the property line of the parcel. The owner can control access to the limits of their property as defined in the deed of record. The property owner has the right to post their property line if they so choose. All other access control will remain as it currently exists. There is no guarantee made or implied by this project to control access.

b.Can the property owner place No Trespass signs on the accreted property and prohibit anyone from entering the property?

The property owner has legal jurisdiction over their property as described in the deed of record and does not gain legal jurisdiction over any of the accreted property. This is how it currently exists when land beyond the property line is exposed during periods of low tide. The owner has legal jurisdiction to their property line and not beyond.

It should be noted that currently there are not any such signs posted along the property shorelines.

c.Who is responsible for maintaining the accreted property?

RocklandCounty will not perform routine maintenance on the property. The County would make repairs if necessary to restore the stability of the slope.

1. Who is liable for injuries or damages resulting from the accreted property?

The liability issue stays with the owner of record.

e.What are the rights of the Grand View property owner to use the accreted land? To add a dock? To repair a dock? To build or repair a gazebo, stair, etc.? What agency permissions would be required and from which agency? Could permissions be denied?

The owner retains all the same riparian rights as before. Any repairs to existing water access features can be done as required. Any construction of new stairs, decks, gazebos, etc. that reside entirely within the owners parcel and are within the easement area will require a work permit from the County to insure the slope integrity remains intact. This will apply to all slope area parcels with or without attached water grants. Parcels with attached water grants will have to seek NYSDEC and USACOE approvals to build new or make major modifications to existing docks into the waters as they currently have to do.

For those parcels without water grants the Public Land Law; Section 75 allows for the construction of new facilities beyond the parcel owner’s property lines into the river as long as the criteria in the Public Land Law are adhered to. No permit is required from NYSOGS as long as the criteria for size and use are compatible with the Public Land Law. Clarification may be obtained by contacting Office of General Services. Any new facility will also require the approval of the NYSDEC and USACOE. As with any regulatory agency, conditions may beattached prior to approval. The agencies will have to be contacted by the owner to determine the viability of their proposed work.

f.Do these property owners lose their riparian rights? If not, do they get riparian rights to the water at the end of the accreted property?

The riparian rights to use the accreted property are the same as before the placement of the fill slope. No riparian rights to use the water will be altered or denied.

Additional information may be found at the following website:

1. Surface Treatment of Rip-Rap:

a.How will voids in the Rip-Rap be minimized to prevent rodent infestation?

The proposed stone fill will meet NYSDOT specification, Sect 620-Bank and Channel Protection, page 584 (see attached 4), states that materials used shall contain a sufficient amount of stones smaller than the average stone size to fill in the spaces between the larger stones.

b.What type of soil will be used on the Rip-Rap and at what depth?

The NYSDOT specification, Sect 613-Topsoil, will direct the placement of the topsoil. Sect 713-01 Topsoil will establish the material requirements and amendments to be added for the selected plant materials to be placed.

c.How will it be compacted to minimize settling?

A fabric will be selected and placed over the stone fill to prevent the soil from migrating into the stone. The soil will be placed and spread with a dozer or with a long stick backhoe from the roadway. A suitable ground cover mixture which will germinate quickly will be specified. If warranted by slope conditions, a biodegradable erosion control re-vegetation mat may be installed on top of the topsoil layer to further stabilized the soil during plant establishment and prevent the erosion of the soil into the river.

d.What is the depth of topsoil and how will it be compacted to minimize settling?

The depth of topsoil will be adequate to support the vegetation to be planted. Typically, a minimum depth of 6” will be required for grasses, groundcovers or wildflowers. It will be placed over a geotextile fabric to prevent it from settling into any crevices of the stone fill.

e.What plants will be installed and at what depth to insure that roots will be permanent? What are the specifications for the “plant pits” for plants more substantial than ground cover?

The plant materials will be selected with property owner input. In general, native trees and shrubs appropriate for a riparian habitat will be specified. Plant pits for trees and shrubs should be approximately equal to the depth of the root ball and 3 times the width. Selected plant materials will have a high percentage survival in the southern NY environment, on a steep slope with easterly exposure.In some areas it may also be possible to plant cuttings of rapidly rooting species such as willow directly through the rip rap stone layer into the soil layer beneath.

f.If the soil, topsoil or plants erode, sink or die will the County replace? If yes, for what period of time after completion of the project?

If substantial failure of the system was evident due the quality of the materials, installation or design, it would be the County’s responsibility to replace the failed materials. Erosion is a natural process that can be controlled but not always eliminated. It is possible that there could be some soil erosion during the period of plant establishment. Plants are living organisms and their growth cannot be guaranteed. This project will specify a one year period of establishment warranty for plant materials.

g.Will the surface materials be strong enough to hold persons, structures, docks, etc.? Would footings or other supports for these structures need to be installed before the rocks are dumped? How would a structure be built after the rocks are installed?

The vegetative surface will not support structures, stairs, or docks, long term. These features should have supports/foundations placed into the stone fill and do not have to be placed before the fill is placed. The support/foundations can be placed in the stone fill by removing the vegetative cover, and excavating the stone fill to construct a foundation support structure.