HMB city attorney told Wavecrest’s owners in May that they could farm the site

The city of Half Moon Bay last May told Wavecrest’s owners that it was legal to farm the site.  Concar Enterprises, the owners of one of the parcels that make up the Wavecrest site [Google map], began disking their property Wednesday in preparation for the resumption of agriculture.

Nearly two years ago, the city (as well as the US Fish & Wildlife Service and the Coastal Commission) prevailed upon Concar to stop disking the land because it had been found to contain endangered species habitat.

But on May 11, the city’s attorney sent Concar a letter, after repeated requests from Concar, saying that it was legal for the company to farm the site. Late last week, Concar told the city they planned to resume agriculture.

In a letter to the city dated today, Wednesday September 6, Concar attorney Julia Baigent said the company is aware of its obligations [Large 6mb PDF of Concar’s and the city’s letters] under the Endangered Species Act. Baigent says Concar has been informed by its biologists that no snakes would be hibernating on the property at this time of year. The letter from Baigent the risk of taking by disking has been "ameliorated" and that biologist were on site during the disking. Finally, Baigent stated that they have been told by the US Fish & Wildlife Serve that disking would not alter the site’s status as habitat for California red-legged frogs or San Francisco garter snakes.

However, the disking places into question the city’s 2004 settlement with Wavecrest. In his letter to Concar, city attorney Adam Lindgren said the city would prefer that no agricultural activity take place on the site because it might negatively affect the ability to develop the property under the owners’ settlement agreement with the city.