May 29,2001

Marshall Jones, Acting Director

Department of the Interior

18th and C St. NW

Washington D.C., 20240

Re: Proposed Mann Baylands National Wildlife Refuge Dear Mr. Jones,

It has recently come to my attention that the U.S.F.W.S. is proposing to establish a wildlife refuge which includes our tidelands property. No details of the restrictions proposed in conjunction with the establishment of the refuge have been released to my knowledge. Please send to the above address all reports, notices, studies, etc., that have been created to date with respect to this project. In the absence of firm information, this letter addresses issues that appear relevant to the situation.

PROCEDURAL

Please inform us of the legal authority by which this proposal overrides all the local, state and federal planning and regulatory agencies (Town of Tiburon, B.C.D.C., County of Mann, Corps of Engineers, etc.) which we believe have jurisdiction over our property, judging by the permits we have to obtain to do almost any construction work on our property.

It is beyond our understanding how this proposal has advanced as far as it apparently has without the affected property owners being involved. In future, please send copies of all correspondence, notices, etc., to the above address,

GENERAL OBSERVATIONS

It appears, from the information I have received from my neighbors, that the portion of the proposed refuge affecting Greenwood Beach Road is a narrow strip of bay front lands of some (but not all) of the homeowners along the road. I cannot understand any reason for the proposed designation. The bay tidelands are already designated as a winter bird sanctuary for migratory birds and we are content with that designation because it balances the use interests in a logical and equitable manner. We are willing to forego boating activities between October 1 and March 31 of each winter, so that the migrating birds are not disturbed.

Since no one has explained the criteria for designation as a “Wildlife Refuge,” it is difficult to be specific, but I do not believe there is any wildlife along the Greenwood Beach Road shore strip to be protected. The beach is rocky, contains no vegetation and, further out, the beach quickly turns to mud flats which are not subject to any use while the tide is out.

PERSONAL CONSIDERATIONS

We purchased the property at 422 Greenwood Beach Road in 1975, some 26 years ago, having previously lived at other locations on the street since 1968. One of the principal reasons we have settled here is the direct boating access to the bay. We keep a sail boat and a wind suffer on our property which we use during the summer months. We also have a dock and a boathouse; we have replaced the dock since we relocated to this house.

Consequently, we are very alarmed at the prospect of any further restrictions on the use of the bay waters and if any such restrictions (in addition to the moratorium on boating during the months October through March each winter currently administered by the local Audubon Society as a winter migration bird sanctuary) are implemented, we are STRONGLY OPPOSED to the refuge. Since we do not know any details of proposed restrictions, please take this letter as a strong voice of PROTEST against the proposed refuge.

If the refuge is approved and additional restrictions are proposed, we shall oppose the refuge by all possible legal means. Since our tidelands property is approximately 1.7 acres and the loss of value to our property substantial, any compensation for loss of use and taking of our property will be substantial, depending on the restrictions proposed.

WE OPPOSE THE REFUGE.

Yours Sincerely,

Sorton Jones

cc:

Gale Norton, Department of Interior

Julie Bornstein, Cal. Housing Dept.

Bill Pavao, Cal. Dept. Housing

Mel Martinez, U.S. Department of HUD

Marge Kolar, Project Mgr. USFWS

Mike Spear, Regional Director USF&WS

Dan Ashe, USF&WS , Regional Refuge Director

Cathy Osugi, USFWS

Novato Council

San Rafael Chamber

Congresswoman Woolsey

Senators Feinstein & Boxer

Marin & Sonoma Supervisors

Bay Planning Coalition

San Rafael Council Members

Assemblyman Joe Nation