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06/07/2004 environmentally significant, to a level of insignificance. If such a Plan and permits are not obtained and implementation measures identified, the Project would not go forward. B. Essential Fish Habitat Potential Impact: The approximately 10 acres of filled estuarine habitat identified in subsection A is also subject to regulation as Essential Fish Habitat, and the fill in question would also cause loss of essential benthic habitat for many species and would fill water column used by additional species. The same species would also be affected by construction - related turbidity, contaminant release, noise and underwater shock waves (Impact 8 -2). 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 estuarine and other habitat. The HMMP would also include conditions specified in Mitigation Measure 8 -1, concerning silt, turbidity, dust, dredging and pile driving. Findings: Obtaining the specified permits and implementation of the HMMP would reduce the potentially significant environmental impact of loss or disturbance of Essential Fish Habitat and loss or disturbance of habitat for benthic species and species using the water column, to less than significant levels. If such permits and such a Plan are not obtained and implementation measures identified, the Project would not go forward. C. Clapper Rail Potential Impact: The Project would involve loss of intertidal wetland along Redwood Creek and Smith Slough which could support incidental foraging by the California clapper rail, an endangered species; noise and habitat disturbance during construction could interfere with clapper rails' ability to detect predators (Impact 8 -3). Mitigation: The Project would be required to secure and implement a Habitat Mitigation and Monitoring Plan for the clapper rail 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 on clapper rails (Mitigation 8 -3). Findings: An approved Habitat Mitigation and Monitoring Plan, stipulating measures to avoid noise and other adverse construction - related clapper rail impacts, would when implemented reduce the Project's impact on the 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. 1289 \02 \179278.2 21 Atty /Reso /Reso.1470 14590 060804 Muff # 304 Bin 26