Removal of Landmark Trees is only allowed when no other alternative is possible.

Grading is specifically prohibited during wet seasons by the Certified LUP,

Sine the LCP was Certified, the area is now enduring an officially declared Water Supply Emergency, a state declared Electrical Supply Emergency, ESA listings of steelhead, the California red-legged frog, 5 plants, and an increase in traffic congestion to gridlock many places

Lew Bauman of Monterey County Public Works admitted "The Cal-Trans Highway One Widening Project will increase capacity by exactly the same amount as this project." to the Carmel Valley Land Use Advisory Committee on July 16, 2001. Cal-Trans is preparing an EIR explicitly because of the growth inducing impacts caused by their widening. This County project is approved pretending there are no cumulative and growth inducing impacts!

In January 1997 US Federal District Court, Judge Suzanne B. Conlon for the Northern District of Illinois, Opinion wrote:

Swain v. Brinegar, 517 F.2d 766, 777 (7th Cir.1975); Def. 12 (M) Par. 86. However the final impact statement in this case relies on the implausible assumption that the same level of transportation needs will exist whether or not the toll road is constructed." "[FHWA's] decision in this regard was arbitrary and capricious. 5 USC Sec 706(2)(a)."

This federal court opinion further reinforces the consensus of expert and legal opinion that expanded road capacity generates changes in travel and land activities that must be accounted for in project and plan appraisals. As one of the panelists at a Transportation Research Board (TRB) Annual Meeting session on the induced travel effects of highway capacity changes observed last week, to general agreement from all other panelists, including Kevin Heanue, Director of Environment and Planning at FHWA, "There is no longer a question that these dynamics occur. The only question is how large are the effects in a particular case."

It should be obvious that since a lack of roads constrains growth, any increase in roads allows growth.

"Environmental Impact Statements on highways and sewage treatment plants seldom evaluate the resulting impact on urban growth patterns. These secondary effects may, however, be more damaging than the primary effects. The second form of shortsightedness is the tendency to consider only changes in the physical environment and to ignore changes in the social environment. Yet impacts on pollution patterns or community behavioral patterns may affect the quality of the human environment much more than impacts on air or solid waste." -U.S. EPA, letter to the President's Council of Environmental Quality 21 December, 1971

California Red-Legged frogs are a Federally listed Threatened species as of May 23 1996 (61 FR 25813). Monterey County is well within the range of this species and the entire Carmel River watershed including all portions of this project are within its Critical Habitat.

One CRLF was observed in Hatton Canyon, A tributary of the Carmel River, by a CalTrans Biologist in 1996, less than 100 yards from portions of this project and just outside the Coastal Zone.

Because of this occurrence immediately adjacent to the project and because the project is within officially designated Critical Habitat an Endangered Species Act (ESA) Section 10 Consultation must occur.

Mark Twain became famous when he wrote an account of a jumping frog contest in Calaveras County. Those Celebrated Frogs of Mark Twain's article, the red-legged frogs, as the only large native frogs in California, were undoubtedly the contestants in that event.

California Red-Legged frogs (CRLF) have been documented as moving as much as two miles (3.2 km) from aquatic sites "without regard for topography." Federal Register Sept, 11, 2000, pg 54894

(The following is quoted from the US Fish & Wildlife Service - "Guidance on Site assessment and Field surveys for California red-legged frogs, Appendix - California red-legged frog ecology and distribution." Dated February 18, 1997.

According to the USFWS Biological Opinion on nearby Rancho San Carlos (dated September 6, 1996) the - "California red-legged frog could inhabit any aquatic and riparian areas within the range of the species and also any landscape features near riparian areas that provide cover and moisture."

The Federal Register ESA Listing of the Frog expands on and gives additional examples of Frog habitat. "California red-legged frogs have been found up to 30 m (98 feet (ft)) from water in adjacent dense riparian vegetation for up to 77 days."

"Estivation habitat is essential for the survival of California red-legged frogs within a watershed."

A US-FWS letter to Monterey County in Mar 1998 on the "September Ranch" FEIR states "Concluding the CRLF does not occur on the project site because the site does not have ponds or other wetland habitat with riparian vegetation is erroneous because this species exhibits complex temporal variations in behavior and habitat use."

"Accidental spills of hazardous materials or careless fueling or oiling of vehicles or equipment could degrade water quality or upland habitat to a degree where CRLF are adversely affected or killed." The contamination of the stream by wet concrete could cause potential skin and respiratory system irritation in CRLFs. Work in live streams or in floodplains could cause unusually high levels of siltation downstream. This siltation could alter the quality of habitat downstream and preclude its use by CRLF." US-FWS Biological Opinion on Arroyo Seco Bridge Replacement. April 27 1999

CRLF are abundant in the Carmel River watershed according to studies done for The Monterey Peninsula Water Management District.

The MND was apparently not verified as the reference for the California Red-Legged Frog (Rana aurora draytonii) which they claim is reported on in a book about birds!

Thank you for your consideration of our concerns,

David Dilworth, Co-Chair