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<br />II . Pt:RMIT 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 3 <br /> <br />k. Construct an approximately 1- to 3-foot-high berm on the levee crest along an <br />approximately 5,000-foot-Iong section of the levee on levee segments 1, II and <br />VIII (Amendment No. Six); <br /> <br />1:. Temporarily install a 'silt fence and fiber roll one foot landward of the high <br />tide line along the slope of the levee to retard soil erosion into the marsh <br />(Amendment No. Six); and <br /> <br />m. Conduct on-going, in-kind repair and maintenance of the pathway and <br />associated improvements authorized herein (Amendment No. Six). <br /> <br />B. This amended authority is generally pursuant to and limited by the original application <br />filed on June 21, 1996, your letter dated March 20, 1997 requesting Amendment No. One, your <br />letter dated January 27,2000 requesting Amendment No. Two, your letter dated August 30, <br />2002 requesting Amendment No. Three, aR4 your letter dated July 15, 2008 requesting <br />Amendment No. Five, and your letter dated October 6,2009 requesting Amendment No. Six, <br />including all accompanying and subsequent correspondence and exhibits, but subject to the <br />modifications required by conditions hereto. A request for Amendment No. Four to this <br />amended permit, dated July 5, 2006 and received on July 6, 2006, has remained incomplete and <br />thus unfiled since that timc and, ~ has yet to be issued. <br /> <br />C. Work originally authorized herein was required to commence prior to November 1, <br />1997, or the original permit would have lapsed and become null and void. Such work was also <br />to be diligently prosecuted to completion, and was to be completed by September 1, 1999, <br />unless an extension of time was granted by amendment of this permit. Amendment No. Two <br />granted an extension of completion time, until September 1, 2002, of permission to complete the <br />levee improvements originally authorized herein. Amendment No. Two did not authorize an <br />extension of completion time for any public access improvements. Work authorized in <br />Amendment No. Three, was to commence prior to November 1, 2003 and be diligently <br />prosecuted to completion within one year or by November 1, 2004, whichever was earlier. <br />Public access along 300 feet of levee segment II shall be closed for not more than two months as <br />,a result of performing the improvements authorized under Amendment No. Three; other work <br />associated with Amendment No. Three shall not result in any public access closures. Work <br />authorized in Amendment No. Six must commence prior to January 1, 2012, or this permit will <br />lapse and become null and void. Such work must also be diligently pursued to completion and <br />must be completed within two years of commencement, or by January 1, 2014, whichever is <br />earlier, unless an extension of time is granted by further amendment of this amended permit. <br />In-kind replacement or maintenance of authorized facilities, as limited by Special Condition lI- <br />D herein, is authorized in pcrpctuity for as long as the improvements authorized herein remain. <br /> <br />D. The project will result in closing on an interim basis, which shall be reviewed every <br />three years, approximately 2.2 miles of existing levee access and routing that access inland. The <br />trail rerouting meets concerns raised by the U. S. Fish and Wildlife Service (USFWS) that the <br />project minimize potential impacts to the endangered California Clapper Rail and Salt Marsh <br />Harvest Mouse and associated habitat. The access to substitute for former levee access will be <br />continuous, will provide four observation points to view the Bay and adjoining marshes, and <br />will border open space (primarily diked seasonal wetlands). Amendment No. One primarily <br />authorizes modifications necessary to bring the amended permit into accord with the provisions <br />