April 16, 2007

Alex Hinds
Marin County Community Development Agency (CDA)
Civic Center, Room 308
3501 Civic Center Drive
San Rafael, CA 94903

Re: Lawson’s Landing Wetland Investigation, February 2007 Revision

Dear Mr. Hinds,
I am writing on behalf of the Environmental Action Committee of West Marin. The
Wetlands Investigation for Lawson’s Landing prepared by the Huffman-Broadway Group
distinguishes between “degraded” and “non-degraded” dunes slacks. In addition, it characterizes
wetlands as “significant” or “less significant.” The Coastal Act does not recognize these
distinctions.

Pursuant to its delegated powers under the Coastal Act, the California Coastal
Commission has adopted “Statewide Interpretive Guidelines and Other Wet Environmentally
Sensitive habitat Areas” (1981). These Guidelines include as “wetlands” those lands where
“saturation with water is the dominant factor determining the nature of soil development and the
types of plant and animal communities living in the soil and on its surface.” The Commission’s
regulations further describe wetlands as “land where the water table is at, near, or above the land
surface long enough to promote the formation of hydric soils or to support the growth of
hydrophytes.” 14 Cal. Regs. §13577(b)(1). Pub. Res. Code §30233 prohibits the diking, and
filling of wetlands except under narrowly prescribed circumstances. Pub. Res. Code §30233 does
not condition its development constraints on the quality or significance of the wetland.
In Kirkorowicz v. California Coastal Commission 83 Cal.App.4th 980, 994 (2000), the
Court of Appeals rejected a developer’s contention that marginal “degraded” wetlands did not
warrant protection under the Coastal Act. The Court stated:

“To the contrary, the Coastal Act by its definition of wetland (§30121) does not distinguish between wetlands according to their quality. Indeed, section 30233 limits development in all wetlands without reference to their quality. This is so because of the dramatic loss of over 90 percent ofhistorical wetlands in California and their critical function in the ecosystem."

The wetlands delineations depict more wetlands than were previously reported on the
Lawson’s site. All wetlands on the property must be fully protected from development impacts,
and the County is obligated to consider all impacts to such wetlands attributable to the project. It
is obligated under Pub. Res. Code §30233 to protect, and maintain such wetlands and to restrict
development to upland portions of the property.

EAC asks that the County not distinguish between significant and non-significant or
degraded and non-degraded wetlands and that it consider all impacts to such wetlands
attributable to the project.

Sincerely yours,

Laurens H. Silver

cc: Catherine Caufield: Tim Haddad, Marin County CDA; Ruby Pap, California Coastal