July 3, 2001

Alex Hinds, Agency Director
Marin County Community Development Agency
3501 Civic Center Drive, # 308
San Rafael, CA 94903-4157

RE: NOTICE OF PREPARATION / SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE 2001 MARIN COUNTY DEVELOPMENT CODE UPDATE
 

The scope of the 1994 CWP/EIR from which this supplement derives its base is incomplete for the purposes of the tiered Supplemental EIR.  Both existing code and proposed changes to the Development Code need to be analyzed with reference to conditions and changes which have come about since 1994 relating to the protections of threatened or endangered species in our creeks and streams, especially coho salmon and steelhead. We wish to call attention to the changes in resource protections since the 1994 DEVELOPMENT CODE / EIR.

Marin County has been recognized as part of one [Central California Coast (CCC)] of 14 evolutionary significant units (ESU's) in the pacific western states.  As such the Federal Final 4 (d) Rule applies to the protection of habitat essential to the survival of steelhead (Oncorynchus mykiss) and coho salmon (Oncorynchus kisutch) in this CCCESU. The take provisions for salmonids have been extended to include habitat as a take and requires certain protections for habitat.  Any new development and any changes in development within the SCA, including removal of vegetation, buildings, any development or placement of temporary structures, must require acknowledgment of protections provided by the Federal 4 (d) Rule.

Marin County harbors 10% of the remaining populations of coho salmon in California. Conserving existing habitat and habitat restoration efforts are an important part of increasing the numbers of salmonid species in Marin County.   Of equal importance is that the county vigorously apply existing policies, programs and ordinances to insure their survival.  Acceptance of the FishNet4C report Effects of County Land Use Policies and Management Practices on Anadromous Fish and Their Habitat, and the approved action items by Marin Supervisors on March 20, 2001, needs to be addressed and incorporated into 1) CWP policies, programs and the Development Code Regulations (DCR), or 2) any changes to the permit process regarding affected policies, programs or DCR's.  Marin County is the hub of the network of counties involved in the FishNet 4C program and also seeks funding and grants for watershed planning and restoration projects.

The language developed to protect riparian corridors [e.g. Stream Conservation Areas (SCA¹s)] and wetlands has not been sufficient to accomplish the intention of the 1994 CWP to avoid unnecessary encroachment into these sensitive protected areas.  The failure of the county to implement the 1994 CWP Programs EQ-2.3a-b effectively has led to the loss of riparian vegetation and important land areas for wildlife and resultant negative impacts to stream courses. The discretionary application of variances to support development especially in SCA¹s has certainly diminished the habitat essential to a healthy stream system upon which fishery resources depend.  Furthermore, when variances occurred, what mitigations have been implemented and what monitoring has taken place to make certain those tasks were done (e.g. re-vegetation with appropriate
natives in the remaining riparian corridors)?

The Supplemental EIR should reference the 1993 CWP Mitigation and Monitoring Program (1993 CWPMMP) to determine those mitigations which addressed adverse impacts to sensitive areas (e.g. SCA's and wetlands) that have been implemented and the monitoring process which insured compliance with those mitigations.  Also inventory those mitigations which have not been implemented and any resultant adverse impacts which may have occurred through the county¹s lack of compliance with the 1993 CWPMMP.

We wish the County to include in the Supplemental EIR for the 2001 Marin County Development Code the following issues. We believe that these items are significant and should be addressed within the scope of the Supplemental EIR:

    1) To include an analysis of the failure of the county to apply existing policies and ordinances when ever possible under the permit process and the resulting adverse impacts of those failures especially concerning salmonids (e.g. adverse impacts to riparian systems, streams and their riparian and woodland habitat, and wetland habitats.)   [1994 CWP III. Objectives, Policies and Implementation Programs B. Resource Conservation Areas. Pages (25-52) and the 1994 Marin County Development Code where applicable (include revisions to date)].  Review those CWP policies and programs, LCP Unit I & II, and Title 22 that protect the habitat of listed salmonids.  Determine the extent to which those have been utilized and implemented.

    2) The adverse impacts to SCA's (e.g. riparian habitats and streams) and wetland habitats due to the lack of communication between planning and other county departments involved in granting permits for development in sensitive areas (e.g. SCA's).

     3) The adverse impacts due to staff's lack of knowledge of the factors necessary for the survival of listed species under the Endangered Species Act (ESA).

    4) Review of the allowed uses in the SCA's (1994 CWP) in light of the changes in habitat protections which have developed since 1994. [Federal 4 (d) Rule] Careful reconsideration must be given regarding those uses, especially the allowed grazing of livestock and other agricultural uses in SCA¹s,  EQ 2.4,  in the existing 1994 CWP Environmental Quality Element. Any proposed ordinance related to EQ-2.4 or EQ-2.6 must consider the provisions of the Federal 4(d) Rule, the importance of protected stream buffer areas (SCA's) and the necessity of retaining or reintroducing native
riparian vegetation.

    4) To include recognition of the adverse impacts caused by the items raised in the Identified and Potential Policy Gaps Summary attachment to the (March 20, 2001) FishNet 4C report.  Closing these gaps is essential to a healthy fishery resource.

    5) Determine any adverse impacts to the county regarding loss of grants or other funding mechanisms when permit variances are sought and existing policies or development code items which protect salmonid habitat are not enforced where ever possible.

    6) Adverse impacts to changes in clustering needs to be addressed (e.g. potential impacts on water quality, soil erosion and drainage patterns).

    7) Adverse impacts of major changes in agricultural uses (e.g. grazing to viticulture or grazing to row crops) needs to be assessed.

    8) The adverse impacts when "findings of fact" fail to include protected species listed under the ESA.

    9) The adverse impacts to riparian habitat by allowing temporary structures in SCA's prior to final permitting.

    10) The adverse impacts of not utilizing the Coastal Zone SCA protections to a Blue Line Stream inland beyond the Coastal Zone and within the Coastal Recreation Corridor.

Please incorporate the enclosed list of references below into the scoping record to the Supplemental EIR to aid the county in expanding the comment and aid in determining any adverse impacts caused by conditions or changes which have occurred since 1994.

Thank you for the opportunity to comment in the scoping process for the Supplemental EIR.

Sincerely,

Gordon Bennett, Co-Chair, Conservation committee

Enclosed:
 

1)  Letter of March 20, 2001 from Steve Kinsey to Board of Supervisors presented at the regular Board of Supervisors public meeting March 20, 2001. Attachments are included:
    1) Action items endorsed by the Marin County Board of Supervisors
    2) Goals for County Policies and Planning that Emerged from Recommendations in     the FishNet 4C Study
    3) Summary of Marin County Policies Relating to Anadromous Fish Habitat Conservation, 2001. Excerpted from FishNet 4C study Effects of County Land Use Policies and Practices on Anadromous Fish and their Habitats
    4) Identified and Potential Policy Gaps Summary

2)  Federal Final 4(d) Rule (50 CFR Part 223)

3)  A Citizens Guide to the 4(d) Rule For Threatened Salmon and Steelhead on the West Coast.