Marin County Planning Commission 3501 Civic Center Dr., Rm. 308 San Rafael, CA 94903
Re: Shakespeare-At-Stinson (SAS)
Dear Commissioners:
On behalf of the Sierra Club's 7,000 Marin County members, we request that you require to be removed all un-permitted SAS buildings located within the 100-foot Streamside Conservation Area (SCA) of Easkoot Creek. This Creek contains the spawning grounds for Steelhead Trout, a threatened species under the Endangered Species Act and is the focus of joint volunteer / Park Service restoration efforts.
Two months ago, Supervisor Kinsey presented to his fellow Supervisors and to you Planning Commissioners the Fishnet 4C Report. In doing so, Supervisor Kinsey noted: "Marin County also faces serious regulatory consideration in the newly imposed 4(d) rule of the Endangered Species Act (ESA), which lists a remarkable number of ways that individuals or public agencies can commit a "take" or cause harm to fish. I believe that if Marin County moves proactively to ensure that our practices are "fish friendly" we will significantly diminish our risk under the ESA. ....Key among these recommendations is the need to make sure that we know where the fish are and which streams need the greatest protection. Once identified, we need to make sure that these streams and their riparian areas are protected with stronger, enforceable policies."
It is impossible for the Sierra Club to conceive of circumstances in which these structures, only 30 feet off-stream, could possibly do no harm, let alone be shown to be of benefit to the stream. It is our opinion that the current location of these structures, if condoned by the Planning Commission, poses a threat not only to a listed species, but also to the credibility of the Fishnet 4C recommendations.
For these reasons, the Sierra Club urges the Commission to deny the legalization of these buildings in their present locations and further urges the Commission to withhold the use permit for Shakespeare-at-Stinson until these structures are moved to comply with the SCA setback requirements.
Sincerely
Gordon Bennett, Conservation Committee Co-Chair