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IDENTIFIED IMPACT yellowthroat, and Alameda song sparrow, which are each federally listed species of concern and state - listed species of special concern. These possible effects represent a potentially significant impact. Impact 8 -5: Project - Related Loss of Estuarine Navigable Waters and Other Waters of the U.S. The proposed project would fill approximately 9.8 acres of "navigable and other waters of the United States" that are within the jurisdiction of the Corps of Engineers under section 10 of the Rivers and Harbors Act ( "navigable waters ") and section 404 of the Clean Water Act ('other waters of the U.S. "). This would represent a potentially significant impact. RELATED MITIGATION MEASURE (CONDITION OF APPROVAL) territory from the construction activity is a suitable buffer requiring no further action. If breeding territories are found to be potentially impacted by construction - related noise, all construction activities should be prohibited within the buffer area as specified by the USFWS and/or CDFG. The City of Redwood City shall not issue a grading permit for the project until the noise issues are resolved to the satisfaction of the USFWS and CDFG. Copies of written correspondence between USFWS and CDFG and the applicant shall be submitted to the City prior to issuance of a grading permit. Implementation of these measures would reduce this potential impact to a less -than- significant level. Mitigation 8 -5. The applicant shall: (1) obtain Section 10 and 404 permits from the Army Corps of Engineers (Corps); (2) obtain a Section 401 Clean Water Certification or Waiver from the Regional Water Quality Control Board (RWQCB); and, if required, (3) obtain a 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). The applicant shall also: (1) coordinate with the NMFS, USFWS, and CDFG on steelhead and chinook salmon issues (see Mitigation 8 -1); (2) coordinate with NMFS on Essential Fish Habitat issues (see Mitigation 8 -2); and (3) formulate and implement a Habitat Mitigation and Monitoring Plan (HMMP) for these potentially affected special- status estuarine species to the satisfaction of the Corps, NMFS, USFWS, CDFG, and RWQCB. The HMMP should include a compensatory mitigation plan to replace estuarine, navigable, and other waters of the U.S. filled Legend. Applicant = project applicant, City = City of Redwood City MO, JRING Impl. Type of Impi Entity Action Applicant Obtain required permits from Corps, RWQCB, and CDFG. Implement Mitigations 8 -1 and 8 -2. VERIFICi.. i0N Monitoring nd Timing Sig nature Date 9 9 9 Verification Entity Requirements City Obtain permits prior to grading permit issuance; implement HMMP during construction Page 36 May 18, 2004 WP9.016451MMCHT.645