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PERMIT NO. 6-94 (Issued on July 24, 1996, As Amended Through March 4, 2010) AMENDMENT NO. SIX (Exclusive of Amendment No. Four) City of Redwood City and Keech Properties, LLC Page 17 assure that the marsh is restored. As conditioned, the Commission finds that the fill authorized in Amendment No. Six outweighs the detriments of the fill, that the fill is minor in nature and the minimum amount necessary for the purpose of the project, and no feasible upland alternative exists. C. Public Access 1. Closure of Existing Public Access Use of Levee. The acquisition of fee title and easements to the levees encompassing Redwood Shores for the expressed purpose of providing public access was a major benefit obtained by the State in its title settlement with Redwood Shores (the original co-permittee) in 1974. Since the settlement, the levees have been used by hikers, joggers, bicyclists, dog walkers, etc., who enjoy superb views of marshlands, the Bay, San Bruno Mountain, the San Francisco skyline, and the south Bay. Initially, the City of Redwood City planned to raise the elevation of the levees and maintain existing levee access. However, during informal, and later formal discussions with USFWS under Section 7 of the Endangered Species Act, and the manager of the San Francisco Bay National Wildlife Refuge, which borders the northern project levees, the USFWS expressed serious concerns regarding the project's potential cumulative impacts to the endangered California Clapper Rail and the Salt Marsh Harvest Mouse. USFWS stated that the strengthened levees would not only protect existing development but would also allow future development which would lead to increased human disturbance, increased predator pressure, a reduction in the ability to control predators, and habitat loss that would jeopardize the continued existence of these two endangered species in the tidal marshes outboard of the project levees. As a result of USFWS's recommendations, the permittees substantially modified their project. The revised project closes approximately 2.2 miles of the levee to public access after reconstruction of the levees. An alternative inland access trail has been designed that would be continuous, would border diked baylands which provide an open space experience of seasonal wetland habitat, and would provide point access to locations with good views of the Bay. The alternative inland access would be enhanced with various public access amenities such as observation decks, landscaping, and paved access paths. Despite the designer's best efforts, the alternative route would not provide as desirable a public access experience as currently exists on the levees. The inland route cannot match views of the Bay, tidal marshes, and a sense of open space and wildness afforded by the outboard levee. The permittees do not argue that the alternative inland access route is as desirable as the existing levee trail. However, the permittees feel certain that if they insist on continuing public access use of the rebuilt levees, the USFWS will issue a jeopardy opinion based on Section 7 of the Endangered Species Act and the levee reconstruction project will be blocked or held up for years with no certain outcome. The permittees offered the alternative inland access as a means of avoiding issuance of a jeopardy opinion and contend that the access described in their proposal is the best that can be provided given the constraints of access at the site required by the