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<br />. . PERMIT NO. 6-94 <br />(Issued on July 24, 1996, As <br />Amended Through March 4, 2010) <br />AMENDMENT NO. SIX <br />(Exclusive of Amendment No. Four) <br />City of Redwood City and <br />Keech Properties, LLC <br />Page 24 <br /> <br />involves amendments to BCDC Permit Nos. M86-24, M87-70 and M98-10 (Exhibit H). In the <br />Bay, the project authorizes the placement of approximately 80 cubic yards of fill covering an <br />approximately 1,742-square-foot area of marsh in order to stabilize an eroding levee. The fill <br />will be placed in a way to promote the establishment of marsh vegetation and replanted. The fill <br />in the Bay has been designed to be the minimum fill necessary to maintain the levee's integrity, <br />a levee which also provides public access on its top. <br /> <br />Within the 100-foot shoreline band, Amendment No. Six authorizes placement of <br />approximately 6,500 cubic yards of earth material covering an approximately 450,000-square- <br />foot area, portions of which are located within a Wildlife Refuge Priority Use Area designated <br />in the San Francisco Bay Plan Map No.6. This authorization includes raising portions of the <br />existing levee by placing 6- to 30-inches of earth material along the entire levee top and <br />constructing an approximately 1- to 3-foot-high berm along segments of the levee. All existing <br />public access will be maintained. <br /> <br />The Special Conditions for this amended permit continue to require that the permittee to <br />coordinate with the u.s. Fish and Wildlife Service (USFWS) every three years to review the <br />status of the special status species whose presence on-site has led to closing the levee to public <br />access, as well as possible modifications to the Endangered Species Act that might affect the <br />current public access restrictions on the exterior levees. In the future, changes to the <br />Endangered Species Act or the status of the endangered species on the site may trigger a <br />Commission review of the public access in coordination with the State Lands Commission and <br />other resource agencies and a requirement that the permittee provide access on these levees. <br /> <br />In order to protect nearby marshes and special status species living within them, <br />additional Special Conditions have been added to the permit to include Best Management <br />Practices to protect the tidal marsh, such as installing a fiber roll and silt fence along the <br />bayward edge of the levee above the high tide line, carefully removing, storing and replacing <br />wetland vegetation by hand from construction areas, avoiding work at extreme high tides, and <br />having a USFWS-approved biologist prior to and during construction on site to conduct <br />pre construction surveys and monitoring the site during construction for the presence of special <br />status species. In addition, the Special Conditions state that the permittee is responsible for <br />restoring and annually monitoring the approximately 1,742-square-foot area of impacted marsh <br />habitat by placing geo-cells along the bayward slope of the levee where needed, until at least <br />75% of the filled area is covered with native wetland plants, salvaging and replanting all <br />pickleweed, saltgrass and other marsh vegetation from the.work area, and using a native grass <br />seed mix with a biodegradable stabilizer emulsion to plant the upland levee slope. <br /> <br />As conditioned, the work authorized in the Bay is similar to and has no greater impact <br />than placing minor fill in the Bay for improving public access that complies with Regulation <br />Section 10701 and that does not exceed 1,000 square feet in area, as defined in Regulation <br />Section 10601(a)(S). <br /> <br />The work authorized within the 100-foot shoreline band involves the placement of small <br />amounts of inert inorganic fill that does not have a significant adverse effect on present or <br />possible future maximum feasible public access to the Bay consistent with the project, on <br />present or possible future use of a designated priority water-related use, and on the <br />environment, as defined in Regulation Section 10601(b )(1) and Regulation Section 10601(b )(5), <br />