Embattled organic farmer Warren Weber of Bolinas and the Army Corps of Engineers continue to grope for a resolution to Weber's alleged violation of federal law in building dikes and ditches on what may qualify as protected wetlands.

The Army Corps last August sent Weber a "notice of violation" that threatened action pending a decision on who has jurisdiction over Star Route Farms' field on the Bolinas Lagoon-side of the Olema-Bolinas Road.

Both Weber and the Corps have expressed desires to end the dispute, and for the moment, the parties are downplaying their differences - and being fairly secretive about the whole business.

But the central issues remain unresolved, and neither side is articulating how compromise might be reached.

Weber has not altered his position that the earthworks are legal and exempt from federal regulation.

Corps project manager Liz Varnhagen explained, "Mr. Weber claims farming exemptions. The Corps' position is that the exemptions do not apply. We continue to disagree. I think there are straightforward ways of resolving this, and I hope he'll offer them."

Varnhagen would not comment on what would constitute an acceptable resolution. "We have to finalize our investigation," she said.

Weber on Wednesday made similar comments, saying, "Nothing's been resolved...but we're going through a process with them. We feel we'll make progress." He confirmed that he "has not accepted the conclusions" stated in the August letter.

At present, the corps is investigating to what extent Weber's property falls under federal jurisdiction as a protected wetland. But such findings, in and of themselves, would have no bearing on Weber's claim that his diking and ditching at an existing farm exempts him from wetlands legislation

Said Varnhagen, "Mr. Weber has not admitted that he is in violation of the Clean Water Act....

"[Weber] is not arguing that there are no wetlands. He is arguing that the land is exempt. If he can show us factual evidence and documentation of previous farming we would accept that."

Indeed, the Corps' August letter seems not to have convinced anyone of anything.

Letters from Weber's attorney to the Army Corps prompted a Nov. 12 letter from some Bolinas residents asking that the Corps clarify and extend its "notice of violation."

The letter, signed by 14 of Weber's critics, states, "We suggest the [corps] again review a chronologically complete collection of ...photographs in order to determine the true historic use and configuration of this known wetland" - the very process the corps had just completed.

Complicating matters is an Oct. 30 letter from Weber asking that the corps acknowledge his right to maintain the disputed ditches. The corps responded by warning Weber of possible violations. According to Varnhagen, Weber was told to apply for a permit, although "we haven't heard from him," she said.

Even the corps' efforts to determine jurisdiction has suffered from imperfect communication.

The problem surfaced briefly at last Friday's meeting of the Bolinas Lagoon Technical Advisory Committee when Rudi Ferris of Bolinas protested that Weber had denied the Corps access to his property.

Weber called Ferris' information "completely false with no basis in fact... We didn't do that. We welcome their access."

Ferris later said his information was based on an encounter with a corps survey team. "I saw them working on the adjacent property and asked them why they weren't on the [Star Route] property itself," he said. "They told me they'd been denied access."

Questioned as to whether Weber had indeed blocked the Corps, Liz Varnhagen replied, "Yes," then amended, "He did not invite us. We asked if he would meet us out there and he said he didn't have time. We did an investigation around his property, but we stayed on public lands.

Asked if the Corps was satisfied with such tangential access, Varnhagen replied they were. "We'd like to be on there. Another time he can invite us. He'll get our next letter ... We have to continue our dialogue."

For his part, Weber said he has "no idea" why the surveyors couldn't get on his property. He said that if the surveyors felt relegated to the property next door, "They didn't need to."

One thing Weber and the Army Corps do seem to agree on is that they don't want the resolution process discussed in public.

"This is not something I want to air," Weber said. "If there are misunderstandings, that's between us and the corps."

For her part, Varnhagen this week repeatedly told The Light that "the public doesn't need to know" anything about the negotiations.