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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 21 strongly believes that maintaining access on the reconstructed levee would jeopardize the continued existence'of both species. Thus, it is likely that any requirement that access be provided on the rebuilt levees would scuttle the needed levee reconstruction project and result in years of litigation. While the Commission is not totally convinced that some combination of fences, temporary access closures, self-closing gates and other design techniques, as well as access management programs such as pet prohibition, would provide insufficient protection for the rail and the harvest mouse, such alternatives are not acceptable to the USFWS, which is responsible for assuring the preservation and recovery of endangered species. Because endangered species are present and USFWS has advised the permittees and the Commission that continued public access on the perimeter levee would pose a threat to these species, given that the area has been specificall y identified as necessary for the recovery of both the Clapper Rail and the Salt Marsh Harvest Mouse in the recovery program for both species, and because the access required herein is continuous, is largely adjacent to existing open space areas, includes a variety of public access improvements (such as observation platforms), and is located in the most desirable locations other than the perimeter levee, the Commission reluctantly finds that the alternative inland access offered by the permittees and required by conditions herein, is the maximum feasible consistent with the project. In approving the resolution pursuant to which the original permit was issued, the Commission recognized that some minor adjustments to the permit might be necessary pending issuance of the USFWS' Biological Opinion. Amendment No. One authorizes various modifications to the permit so that its provisions are consistent with the provisions of the USFWS' Biological Opinion. Amendment No. Six authorizes raising sections of the levee in a manner that will not impact present or possible future public access on the levee. Because the salt marsh harvest mouse and the California clapper rail continue to live in the wetlands adjoining the levee, public access along the exterior levee will continue to be suspended, with periodic review, as required in Special Condition II-C. In addition, the additional raising of the levee authorized in Amendment No. Six is consistent with the USFWS' Biological Opinion dated December 23, 2009. For these reasons, therefore is the maximum feasible public access consistent with the project. 3. Consistency with Park Priority Use Designation. Bay Plan Map No.6 identifies a portion of the Redwood Shores peninsula as a Waterfront Park/Beach Priority Land Use Area. This area is in the approximate location of Levee Segments VI and VII. The Map also states: "Redwood Shores--Provide continuous public access to the Bay and to Belmont, Smith, and Corkscrew Sloughs; include paths, beaches, small parks and wildlife observation areas." While the permittees eliminated the reconstruction of levee segments VI and VII from the project, the USFWS clearly indicated that it would oppose access on this levee segment. In addition, the public access closures on adjacent levee segments make it unlikely that access on most of levee segment VII will be provided in the future as long as either the Clapper Rail or the Salt Marsh Harvest Mouse are listed as endangered species (the only work on levee segment VII would be a 900-foot-Iong trail spur along the southern end of the levee segment, terminating at a locked gate and observation deck).