Phil Smith, Director of Environmental Health Services
3501 Civic Center Drive, San Rafael CA
Re: Coles' Septic Permit at Chicken Ranch Beach
Dear Mr. Smith:
The Sierra Club is writing to ask that you re-consider the current septic application from the Coles at their Chicken Ranch Beach property. Chicken Ranch Beach was the site of the Marks-Whitney case, which laid the basis for the California Coastal Act. Thus this site of has figured prominently in public policy, specifically in the protection of the California coast and the right of the public for access to it.
As you know, Marin County's septic policies have been a matter of concern for the Grand Jury and are currently under review by the Sep-Tac Committee. Concern about septics in the Tomales Bay watershed has also been expressed by its Watershed Council and its Shellfish Advisory Committee after the recent outbreak of Norwalk virus. Given these concerns, the Sierra Club recommends that a cautious approach be taken with septics bordering Tomales Bay, as does the applicant's proposed septic.
In specific, we are concerned that the application is based on what we believe to be a mis-statement of current conditions, namely that the proximate stream (Channel A) is hydrologically classified as a stream that flows only in direct response to precipitation. The Sierra Club believes that Channel A is in fact hydrologically classified as a stream that flows for an extended period during and following rainfall, and in fact, several of our members report that Channel A is flowing as of this date, in spite of the fact there has been no significant rainfall for over a month. This easily verified fact alone should be enough to call into question the applicant's assertion of the stream's hydrological classification. The correct hydrological classification of this stream is critical, since flowing streams with adjacent septics can discharge directly into Tomales Bay and thus require different septic setbacks septic to insure public health. Given the physical evidence of stream mis-classification, the burden of proof should be on the applicant to provide evidence from a qualified hydrologist that the adjacent stream is as they claim and that the proposed septic system will not be a public health hazard. Lastly, we understand that an effluent pre-treatment system has been suggested as a way to shoehorn in this septic system. However County policy limits this type of treatment system to repair, not to new commercial construction as in the Coles' application.
This issue is further complicated by the Sierra Club's understanding that the California Coastal Commission staff is recommending approval of the Coles' application for a coastal permit for a bed and breakfast operation that will require the proposed septic system to be in-place. We understand that the Commission staff is relying on assurances from County Environmental Health Services that a new septic system is feasible in that location and that a permit will be issued. However, the leach field appears to sited on a steep slope and require the displacement a significant amount of soil adjacent to a heavily-traveled County road. The Sierra Club believes that a geo-technical study of the slope stability is required to protect the County road, which is the sole access for many residents to their properties.
The Sierra Club is concerned about the repeat of the process which has occurred at Lawson's Landing, also in Tomales Bay, in which applicants use "assurances" of obtaining a needed first permit to obtain a subsequent permit and then use the fact of having obtained the subsequent permit as leverage to attempt get approval for the first permit, when, as facts later make clear, the first permit should never have been issued. This is particularly of concern when the issues involve septic systems along Tomales Bay.
In summary, the Sierra Club request that EHS require the applicant to provide both a hydrological and geo-technical study BEFORE renewing the septic permit and before any assurances are given to the Coastal Commission about the possibility that a legal septic system can be safely placed on the site.
Sincerely,
G Bennett, Conservation Co-Chair