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Monterey County Planning Commission September 26, 2001

Re: Deny Investmark Project in Pebble Beach on Congress Road Seriously Violated Monterey County - Forest Protection Land Use Laws.

After Their Permit EXPIRED - Investmark Destroyed Protected Landmark Trees, Destroyed 14 Protected Coast Live Oaks and 75 Monterey Pines.

Dear Commissioners,

On August 27th. 2001 I walked the area of the proposed "Investmark Project in Pebble Beach on Congress Road," barely outside the Coastal Zone, with Dena Ibrahim of VISION. I have had a close and long term familiarity with the proposed project area having grown up in the neighborhood and visited the specific area hundreds of times.

We found extensive systematic damage to the forest including fresh sawdust surrounding dozens of large stumps and decided to take an inventory.

We found -

* Evidence of removal (new stumps) of 75 Monterey Pine - more than a few were Landmark trees as large as five (5) feet in diameter.

* Evidence of removal of 14 Coast Live Oaks larger than 12 inches in diameter.

* Evidence of removal of Six Coast Live Oaks limbs greater than 6 inches in diameter.

* Evidence of massive removal of all ground vegetation needed for wildlife corridors identified as important in the Negative Declaration.

All this damage was done two years after their permit had expired on December 6, 1998 and just a week before this project had a Planning Commission hearing (as originally set this year).

We photographed some of the stumps of the recently cut trees and the fresh sawdust. One stump may be larger than 5 feet across its base. It is impossible to accurately determine its diamter at breast height because the trees are gone - having been almost all removed the same day as they were cut.

LANDMARK TREES DESTROYED

The Del Monte Forest LUP defines Landmark Trees as trees 24 inches in diameter or larger. Del Monte Forest Open Space Management Plan pg 45.

AESTHETIC & BIOLOGICAL VALUES RECOGNIZED

Forests are specifically recognized in the The Del Monte Forest LUP for their Biological and Aesthetic value.

Del Monte Forest LUP Policy 31. "The natural forested character of Del Monte Forest shall to the maximum feasible degree, be retained, consistent with the land uses allowed by this Plan. Accordingly, all tree removal, land clearing for development and forest management activities within native forest area covered by this Plan shall conform to LUP policies regarding water and marine resources, environmentally sensitive habitat areas, and scenic visual resources."

Del Monte Forest LUP Policy 32 prohibits destroying any Monterey Pine larger than 12 inches in diameter without a Forest Management Plan.

Del Monte Forest LUP Policy 32 similarly prohibits destroying any Coast Live Oak larger than 12 inches in diameter without a Forest Management Plan.

Monterey County also has a Tree Protection Ordinance specific to Oaks.

LAND USE VIOLATIONS

Significant Aesthetic Values of this forested area were destroyed without permits, up to date environmental review or a Forest Management Plan.

Significant Biological values of this forested area were clearly destroyed without a permit , environmental review or a Forest Management Plan. In part the removal of a critical wildlife corridor and also the removal of significant amounts (many tons) of living biomass.

We find these intentional activities outrageous and likely calculated as the owners have hired a law firm reasonably familiar with County Land Use restrictions.

DENIAL

We respectfully and strongly urge denial of this project "extension"; its environmental documentation and to void all existing and pending permits as provided by the original permit because of this flagrant outrage.

Failing to deny this project because of these violations will encourage other Del Monte Forest property owners to violate County laws and destroy even more forest.

NO POSTED PUBLIC NOTICE

There is and has been no notice posted on or near the site as of Monday evening Sept 24, 2001 of the upcoming Sept 27, 2001 Planning Commission Hearing on this project. Since Monterey County requires all three kinds of notice and this one is missing we request this hearing be continued until it is properly noticed.

We respectfully urge this item be continued after taking public comment.

It would be a huge unfair injustice for the public to show up to a second successive meeting and be denied the opportunity to speak on an agendized item.

With all due Respect,

-David Dilworth, Co-Chair, Trustee k on an agendized item.

With all due Respect,

-David Dilworth, Co-Chair, Trustee