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1.A~2 Perkins I Coie January 22, 2004 607 Fourteenth Street N.W. Washington, D.C. 20005-2011 VIA OVERNIGHT MAIL PHONE; 202.628.6600 Edward Everett FAX; 202.434.1690 City Manager www.perkinscoie.com City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Re: Redwood Shores Levee Access and Endangered Species Mitigation Dear Mr. Everett: Pursuant to our telephone conversation of December 5, 2003, I am pleased to provide additional information to the City Council on the scope of work accomplished to date, a plan of operation going forward and other information requested by the Council. As you know, I was initially retained by the City Council for the sum of $30,000 to determine the feasibility of returning citizen access to the Redwood Shores levees. That access h~d been removed as a condition of a biological opinion issued by the U.S. Fish and Wildlife Service (FWS) to the Corps of Engineers (Corps) to raise those same levees. In this instance, the Corps was the designated action agency seeking consultation with the FWS under Section 7 of the Endangered Species Act (ESA or "the Act") as a result of a determination that a levee height increase was necessary to protect the existing Redwood Shores development from inter-tidal San Francisco Bay flooding. The Corps, pursuant to the requirements of the Act, made a determination that the levee height increase "may affect" the habitat of the California Clapper Rail and the Salt Marsh Harvest Mouse. I found that Redwood City officials were extraordinarily concerned with protecting the endangered species on Bird Island and at the same time interested in striking some reasonable balance with the continuing interests of their citizens. They also believed that the post-biological opinion federal acquisition of the Bair Island complex could provide additional opportunities for conservation, recreation and education for the citizens of the region while at the same time ensuring the ultimate future of the endangered species for whom they felt a particular stewardship. During my meetings in California I met with California regional representatives of the FWS in Sacramento, as well as sitting City Councilpersons and local and regional representatives of the stakeholder community. These meetings included: . Clyde Morris, National Wildlife Refuge System . Robin Smith, Audubon Society {41603-000 IIDA040 160.0641 ANCHORAGE. BEIJING BElLEVUE BOISE. CHICAGO. DENVER. HONG KONG. LOS ANGEtf" MfNL() PAIl'K OLYMPIA PORTlAND. SAN FRANCISCO SEATTLE. WASHINGTON. D.C. Perkim Coie llP (Perkins (oie LlC in Illinois)