Blog Post < Previous | Next >
public domain
Corps Should Deny Reneson's Application To Fill Corte Madera Inn Wildlife Pond
The following comment letter has been sent to the U.S. Army Corps of Engineers in response to the public notice for comment on the application to fill in Edgewater Pond.
Attention of: Sahrye Cohen, Regulatory Permit Manager
Re:
PUBLIC NOTICE NUMBER: 2000-255330N
PUBLIC NOTICE DATE: May 16, 2016
COMMENTS DUE DATE: June 16, 2016
APPLICANT: Reneson Hotels, Inc., Agent Zentner & Zentner
SITUS: 56 Madera Boulevard, Corte Madera, Marin County CA
PROJECT: Army Permit to Discharge Fill into Jurisdictional waters of the United States
Dear Ms. Cohen,
I urge the Army Corps of Engineers to deny Reneson Hotels’ application to fill the long-standing Corte Madera Inn wetlands wildlife pond in order to reap extraordinary profits. .
In support, I offer the following detailed arguments, which I title:
“POND IN PERSPECTIVE”.
(1) A portion of the pond existed as a natural feature on the land before any Town flood control system was developed. “Topographic mapping in 1971 shows that the norther n end of the pond was historically part of a major slough system that connected marshlands to San Francisco Bay.” (Corte Madera Inn Rebuild EIR 4.8-2)W
(2) Subsequently: “The site of the Corte Madera Inn was once part of the Meadowsweet Dairy Farm. The marshlands were acquired in the mid-1800s from the Reed family by S.D. Valentine through a quitclaim deed. Circa 1900, the Sherman family from southern California purchased the property from Valentine and built a summer retreat they named ‘Overmarsh’. In the late 1920’s, one of the Sherman’s daughters married engineer Frank Keever who designed a system of flood gates in order to convert the marsh into 1400 acres of pasture for cattle.” (EIR 4.4-4).
Thus, the slide gates present on either side of Highway 101 at the Corte Madera Inn property are an historic feature, dating from the late 1920’s and the land’s usage as the Meadowsweet Dairy Farm. The installation of the gates pre-dated any use of the pond as a Town flood waters retention basin.
(3) The original natural pond---present in the photo that hang s in Town Hall---was enlarged in the 1950’s as part of a haven for wildlife along with the Edgewater Inn development that took place on the site. (Edgewater was predecessor to the current Corte Madera Inn.)
Importantly: “Based on the federal Clean Water Act, and modifications to the pond are subject to requirements of the United States Army Corps of Engineers and the Regional Water Quality Control Board…” (EIR 4.8-2). “Modifications” would of course include the current owner/developer’s permit application to fill---which of necessity would go through the above mentioned federal agencies. So, in essence, what may happen to the pond in the way of alterations is heavily restricted.
(4) Much is said about the current degraded condition of the pond. But is that the fault of the pond or that of Reneson Hotels and the Town of Corte Madera, who for over a decade have ignored upkeep through non-utilization of the historic slide gates? Questioned at one many hearings on the Corte Madera Inn Rebuild project, owner Garrett Grialou said, “By order of Dave Bracken, Town Manager and Town Engineer, those slide gates remain closed.” No additional explanation was offered.
The EIR states (4.3-2): “A culvert and slide gate at the northeastern edge of the pond provides a controlled hydrologic connection to a drainage ditch on the west side of Highway 101 and a concrete box culvert under Highway 101 that connects with Shorebird Marsh to the east of the highway. The off-site ditch along the west edge of Highway 101 is still under tidal influence, supporting a narrow band of native pickleweed (Silicornia virginica) but the slide gate is generally closed preventing a regular hydrologic connection to the pond.”
(5) The Orinda biologist tapped to write the “Biological Resources” section of the EIR could not have been a worse choice for Town of Corte Madera, which has oversight as the lead agency . He has a past history of wild pond tampering and a conviction of four counts of violating the Endangered Species Act.
A Google search of John Zentner, principal of East Bay environmental consultants Zentner and Zentner, shows that in 2000-1 Zentner and firm pleaded guilty to four counts of violating the Endangered Species Act involving relocating as many as 56 Red-legged frogs and 500 tadpoles to a shrunken remnant of a pond which was filled as part of a housing development. Because the original pond shrank in size and its remaining portion was just 15 feet from the new houses built next to it, the pond could not support the life of the frogs and man y died.
https://www.justice.gov/archive/opa/pr/2000/November/663enrd.htm
As a result, after the environmental travesty was uncovered, the Justice Department brought a criminal complaint against Zentner and his firm. Following his guilty plea, fines were levied totaling $75,000. As an added penalty, Zentner also agreed to perform 200 hours of community service.
http://lib.law.virginia.edu/Garrett/plea_agreements/dockets/Zentner.htm
Despite his past faux pas as regards endangered species in the natural world , Zentner is still engaged in environmental consulting---most recently for Reneson Hotels and Corte Madera, s lead agency for Reneson’s project.
http://townofcortemadera.org/DocumentCenter/View/1...
His analysis of conditions at the existing Corte Madera wildlife pond , set for filling under EIR Alternative 1 approved by the Planning Commission on March 22, concludes with following remarks on page 27:
With regard to development of the project site and its relationship to surrounding habitat, most of the site is already extensively disturbed by motel-related improvements, and no cumulatively considerable impacts on biological or wetland resource are expected as a result of anticipated development. The nearest new development in the vicinity of the project site is the WinCup project located to the north and separated by the Market Place shopping center, the Corte Madera Cinema, an office complex, and the Marin Suites Hotel. The WinCup project involves reuse of a developed site and is not expected to contribute any incremental reduction in essential natural habitat for native plants and wildlife, when considered together with the proposed project.
Given Zentner’s compromised past history as an objective and non-biased scientific evaluator of the health of pond ecosystems, his conclusions dismissing project impacts to the Corte Madera Inn wildlife pond should be viewed with healthy skepticism. This is particularly true after the emergence of new evidence that the unmanaged and therefore struggling pond still supports an underwater aquatic vegetation den providing food for a variety of creatures.
(6) Recently and subsequent to Zentner’s analysis, a naturally occurring aquatic grass has been discovered in the pond which throws doubt on the veracity of Zentner’s conclusions and which threatens to derail the Rebuild project and pond filling under EIR Alternative #1, as approved by Planning Commission.
http://www.marinij.com/government-and-politics/20160512/corte-
(7) Presently, in conjunction with offering the Corte Madera Inn property for sale, Reneson Hotels has filed application the Corps of Engineers, to fill the pond. Comment period closes June 16.
http://www.spn.usace.army.mil/Missions/R...
Although the public notice filed by Reneson characterizes the pond as "brackish", it also states in regard to possible onsite remediation: "No on-site alternatives analysis has been submitted as of the date of this public notice."
Thus, Reneson should be compelled to revisit their development plan and think more seriously about embracing EIR Alternative 2, which allows for market competitive 147 units - 37 more rooms than the 111 exiting at present - and which also provides for retention of the wildlife pond.
In conclusion and in light of the above mentioned facts (detailed Asn #s 1-7 above), the Corps should deny Reneson’s application to fill the pond for profits beyond what’s reasonable for community and good for the environment.