Chuck Linthicum, Vice President

Art C, LLC

P.O. Box 6889

Santa Rosa, CA 95406-0889

707-544-7194

May 1, 2001

Marshall Jones, Acting Director

U. S. Fish & Wildlife Service

1849 C St. NW

Washington D.C., DC 20240

Re: Marin Baylands National Wildlife Refuge

Dear Mr. Jones:

This letter is a result of my reading and concurring with a letter recently written to the Portland, Oregon office by Mr. Fred Grange of Canalways Properties in San Rafael, California.

This letter is about the development project known as “Bahia”.

The Bahia project, located along the Petaluma River, in the City of Novato, Marin County, California, is presently included within the boundaries of the proposed Marin Baylands National Wildlife Refuge. As project manager for the Bahia Development, I strongly urge you to withdraw Bahia from this proposed project. No matter how well intentioned such programs are, they are used as tools by local no-growth pressure groups to derail projects such as Bahia, even though it contains significant environmental benefit.

By including Bahia in the Baylands Mapping project, you jeopardize the delivery of the final phase of the Bahia housing project supported by the existing Bahia Homeowners Association. If this final phase is delayed or derailed, needed financial support for those existing residents and significant environmental enhancements that depend on our project’s completion will disappear.

This is not a development program that has recently come on the scene. The initial Bahia development dates back to 1964, and we have been working since 1978 to achieve a plan acceptable to the long list of involved Federal, State, regional and local agencies. Since then, thanks to a myriad of sometimes conflicting requirements from these agencies and authorities, the Master Plan submittal unit count has fallen from 1500 units, approved by the city in 1985, to 729 in 1990, to 424 in 1995 (approved by the Novato City Council in January 2001). Not withstanding the significant unit reductions, the currently approved Bahia project would deliver more in environmental enhancements than I believe Fish and Wildlife could possibly hope to obtain from the land.

The approved project would provide the following environmental enhancements:

· 530 acres (82% of the site acreage) of open space (300 acres of diked, historic tidelands and 230 acres of tree covered uplands)

· 179 additional acres of nearby upland for restored wetlands (a combination of seasonal and tidal)

· 70 additional acres newly planted Oak Forest, off-site but in close proximity to the City of Novato

· Bear all “new” forest management and maintenance costs for 10 years or until a standard of reasonable maturity is met.

· Establish a perpetual fund for the maintenance and management of the 179 acres of restored wetlands.

· Establishes and funds a program for managing the remaining (22,000), on-site trees.

· Creates on-site public trails for equestrian and pedestrian use, and establishes controls, educational programs and viewing stations as part of the on-site trail use.

· Provides perimeter barriers to preclude public intrusion into the preserved and sensitive natural areas.

Our project has squeezed an astonishing amount of environmental enhancements from a project whose housing delivery capacity has been shrunk by more than 300%. Furthermore, much of the sensitive area designated for restoration and/or enhancement are already intended for public ownership. For example, along the Petaluma River, the central lowlands and western marsh areas of our property will be restored as tidal wetlands and transferred to the State of California for long-term management. Many of the benefits that go along with such enhancement and transfer will be lost without the Bahia project moving forward. The proposed Marin Baylands Refuge will not achieve the environmental benefits and enhancements available under the Bahia plan. Instead, The Marin Baylands Refuge proposal will diminish our capacity and ability to meet the enhancement objectives of these lands.

In politically charged Marin County, where NIMBY (Not in My Backyard) pressure groups deftly work the political system to impede housing development, the Bahia project cannot afford to have these groups be given another tool which they will use against us.

We have an environmentally beneficial project that few can equal. Please do not endanger the delivery of that product by including us in your Baylands Refuge Mapping Zone.

Is there something more that I can provide, or is there a particular form that I can submit to further my goal of having the Bahia project removed from the proposed “Refuge” area?

Sincerely,

Art C., LLC

 

Charles J. Linthicum

Vice President

CC: Dan Ashe, Regional Director

Gale Norton, Department of Interior

Mel Martinez, U.S. Department of HUD

Julie Bornstein, California Dept. of Housing

Bill Pavao, California Department of Housing

Mike Spear, Regional Director USF&WS

Marge Kolar, USF&WS

Cathy Osugi, Wildlife Biologist

Novato Chamber

Senator Boxer

Senator Feinstein

Congresswoman Woolsey

Novato Council

Marin & Sonoma Supervisors

Bay Planning Coalition

Assemblyman Joe Nation