Trail linking open spaces continues to create controversy

One mega rock star's blockade, decades of private property permissiveness, and a controversial county solution have combined for quite the brouhaha high among the rolling hills overlooking Terra Linda and Ross Valley.

Two years after Metallica frontman James Hetfield erected a steel fence along his Terra Linda hilltop property to halt use of a popular trail that effectively linked the Terra Linda-Sleepy Hollow Divide and the Loma Alta open space preserves, plans for a new trail have made headway in recent months to both the delight and dismay of many.

County staffers are reviewing public feedback gathered in the wake of July's report that stated the latest incarnation of the pathway project wouldn't require a full-blown environmental review. Without the need for an environmental impact report, work on the 2.8-mile "680 trail" - the working title of its hillside elevation - could begin next summer.

Some nearby residents and outdoor enthusiasts hailed the possibility of regaining full access to the vital nature preserves. But other individuals, homeowner groups and environmental organizations including the Marin Conservation League, Marin Audubon Society, and Friends of Corte Madera Creek Watershed oppose the construction. Opponents say the county is trying to jam the project through at the expense of the surrounding habitat and without adequate use of existing fire roads.

"I think all parties should try to keep some perspective," said Vernon Huffman, property manager for Triple C ranch in Sleepy Hollow, adjacent to the proposed trail site. "Although it's great we have these watchdog groups, some of their letters might lead you to believe this project is like a condo going in on wetlands. I don't think we should be treating this project like land development. It would be a bad precedent to set."

Bikers, hikers, and equestrians would have access to the new pathway passing above San Domenico School property. Trail width would range from five to eight feet.

"This is not a path in the woods," said Nona Dennis, president of the Marin Conservation League. "This is a five to eight foot freeway across very steep hills."

Noting the roller coaster-like terrain and steep connectors, Dennis questioned why the proposal couldn't reduce harmful construction by using existing fire roads.

"This is probably one of the most pristine areas in open space preserves, plant species, and wildlife," she said. "It's biologically rich and geologically poor."

Tom Boss, director of the Marin Trail Stewards coalition, said his group supported the vision of the trail, but requested the county go further toward improving steep sections of the trail for more universal use.

"The fact of the matter is while we would like to see some improvements, we would most likely support the study as is," Boss said. "The alternative, which is no trail, would have a much greater impact on the habitat and environment. People would make their own trails with no regard to the environment and geology."

On a recent visit to county open space above Sleepy Hollow, tracks made in early June by a group of about 25 district staffers and community members to review the latest trail alignment were still visible across the valley.

Ron Miske, deputy director of the Marin County Open Space District, said his agency received about 20 letters tallied out to about 70 pages of comments before the public comment period ended last week.

He said the district would respond to comments by early October with a final decision on the project expected about a month later.

An additional public workshop will be scheduled for mid-October, because of the level of interest in the project, Miske said.

The county still needs permits from the regional water quality control board, the state Department of Fish and Game, and the U.S. Army Corps of Engineers. Accomplishing that by next April would be a best-case scenario, said Miske, estimating the earliest work might get started was the middle of May.

"We definitely want to get this thing built in the summer of 2011," he said. "We'll put whatever resources toward the project that are necessary to get that done."

Sleepy Hollow resident Brad Rippe, a contributor to several publications on the history and trails of the region and avid user of the network of trails surrounding his home, said much of that work could be avoided if county officials followed his alternate solution of a shorter connector trail to solve the Hetfield problem.

"For some reason the county wants to build a brand new road all the way up crisscrossing these (existing) roads and trails," said Rippe. "It's the stupidest thing you could imagine."

The altitude of the preserves makes for an inappropriate place to build a new trail and would create a network of unsightly switchbacks, he said. Discussions with biologists and geologists also convinced him that cutting into the fragile geology of the land would create more likelihood of mudslides or landslides.

"We all use the open spaces," said Rippe, a 13-year resident. "We aren't anti-anything except stupid wide roads built where they shouldn't be."

In a letter to the county, Carolyn Goodman, president of the Sleepy Hollow Homes Association, said, "We are stunned to learn that most of the existing San Domenico fire road will not be utilized. By using this road [the county] would not only save hundreds of thousands of dollars, but would significantly reduce the environmental impact to vegetation, to wildlife, and to ground water courses."

Nearby property manager Huffman, who has served in that capacity for 19 years, said the county put in the work, held multiple public input sessions, narrowed choices based on feedback, and reduced new construction. Many existing fire roads being proposed, he said, had heart-pounding grades of 15 percent or more.

"My friends and family have all been affected by (Hetfield's) enclosure," he said. "On the other hand, I am a manager of private property and honor those rights so rather than debating Hetfield's decision, I believe we should be moving forward."

Years before the rocker put up his enclosure in response to vandalism and trespassing, two things took place that play a big role in the current fracas.

Former landowners of the Hetfield property, the Luiz family, for years turned a blind eye toward public use of the Luiz Ranch fire road which passed through the property and provided a connection to the nature preserves. Recognizing that access could be lost in a change of ownership, the county in 2004 arranged for a trail easement of land currently in question above San Domenico School as part of its redevelopment agreement.

Huffman, a San Domenico parent, said the school itself has also been very permissive about access to the trails and roads above it. He's been in contact with school officials about their needs if the new trail moves forward.

Calls to Dr. David Behrs, the new head of school, were not returned.

Miske said fence or no fence, it's time for something to be done.

"Before the big fence was put up, people were using the trail through Hetfield's property illegally - trespassing if you will - because there is no formal public trail easement encumbering the route that people have historically used," he said. "There were 'no trespassing' signs, locked gates, etc., but people often ignored these and cut fences and hopped over gates."

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