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06/07/2004 D. Construction Impacts on Other Species Potential Impact: Project construction activity and noise could adversely affect a number of bird and other species (listed in the FEIR discussion of Impact 8 -4). Mitigation: The Project would be required to secure and implement a Habitat Mitigation and Monitoring Plan for the species in question as approved by the U. S. Fish and Wildlife Service and California Department of Fish and Game, stipulating among other things measures to avoid noise and other adverse construction - related impacts during the breeding seasons of the species in question. Findings: An approved Habitat Mitigation and Monitoring Plan, stipulating measures to avoid noise and other adverse construction - related impacts, would when implemented reduce the Project's impact on the identified species, otherwise potentially environmentally significant, to a less- than - significant level. If such a Plan is not obtained and implementation measures identified, the Project would not go forward. E. Fill Potential Impact: The Project would fill approximately 10 acres of navigable and other waters within the jurisdiction of the Army Corps of Engineers (Impact 8 -5). Mitigation: The Project would be required to obtain a Section 404 permit from the Army Corps of Engineers and a section 401 permit from the Regional Water Quality Control Board, and may be required to obtain a Streambed Alteration Agreement from the California Department of Fish and Game, and would be required to comply with all conditions of those permits /agreements (Mitigation 8 -5). The conditions would include a Habitat Mitigation and Monitoring Plan approved by all necessary agencies, and the HMMP would include a plan to replace or otherwise mitigate the loss of navigable waters (Mitigation 8 -5). Findings: Obtaining the specified permits and implementation of the HMMP and other permit requirements would reduce the potential impact of loss of navigable waters, otherwise potentially environmentally significant, to a level of insignificance. If such permits are not obtained and implementation measures identified, the Project would not go forward. F. Loss of Emergent Wetlands Potential Impact: The Project would fill saline emergent wetlands along the edges of Smith Slough, Redwood Creek and marina areas (Impact 8 -6) and fresh emergent wetlands at the southwest end of the Project site (Impact 8 -7). Mitigation: The Project would be required to obtain a Section 404 permit from the Army Corps of Engineers, a permit from the Bay Conservation and Development Commission (for a shoreline band area along Smith Slough) and a section 401 permit from the Regional Water Quality Control Board, and may be required to 1289 \02 \179278.2 22 Atty /Reso /Reso.1470 14590 060804 Muff # 304 Bin 26